BENEFIT ADVICE LETTERS

--------MANDATORY CONSIDERATION--------

Client name AND NINO HERE

Failure to Attend Work Capability Assessment

Decision date: DATE HERE

I am writing to request a reconsideration for the decision made by Secretary of State to terminate CLIENT NAME ‘S Employment and Support Allowance due to his failure to attend his Work Capability Assessment.

CLIENT NAME failed to attend his Work Capacity Assessment due to never receiving correspondence which would have informed him of the date and time. NAME HERE has since made an official complaint to Royal Mail on 04/06/2017 and is awaiting the result of the investigation. Had NAME HERE received the notice informing him of the date and time of the assessment, there is no doubt he would have attended.

NAME HERE has had numerous problems with receiving post from the Secretary of State which NAME HERE has reported to the Department when they also never received their ESA50. We therefore believe that NAME HERE has shown “good cause” in line with Regulation 23 of the Employment and Support Allowance Regulations 2008 which provides:

(2) Subject to paragraph (3), where a claimant fails without good cause to attend for or to submit to an examination … the claimant is to be treated as not having [limited capability for work / limited capability for work-related activity]

(3) Paragraph (2) does not apply unless - (a) written notice of the date, time and place for the examination was sent to the claimant at least seven days in advance; or (b) that the claimant agreed to accept a shorter period of notice whether given in writing or otherwise.

The Secretary has failed to discharge the burden of proof to show that they sent an invitation to NAME HERE seven days in advance as no substantial evidence has been provided (CIB/721/2004) to the contrary. Furthermore NAME HERE has shown that they have had good cause for non-attendance which is in line with caselaw: Case CH/35402/2005 stated that good cause included non-receipt of a document from the relevant department. CUC/1067/2018 also went on to dictate that the notion of “good cause” does not allow a claimant who fails to attend an interview due to not receiving notification to be sanctioned.

SMALL SUMMARY OF ANY SPECIAL CIRCIMSTANCES OR HEALTH CONDITIONS TO BE CONSIDERED AT TIME OF DECISION HERE. It’s believed that the above should also be taken into consideration when determining whether NAME HERE has good cause for non-attendance.

Taking into account the above, it’s respectfully asked that this reconsideration is accepted with a view to granting NAME HERE a fresh assessment date and reinstating their claim. 

-----HOUSING BENEFIT STOPPED DUE TO ESA STOPPING REQUEST TO REINSTATE DUE TO APPEAL------

Housing Benefit Section

Mulberry Place

5 Clove Crescent

E14 2BG

Date: DATE HERE

Dear Sir/Madam,

Re: Request to reinstate Housing Benefit

Name:

Address:

REF:

The above named client came to us for assistance regarding their Housing and benefits. Our client has recently had their Employment and Support Allowance stopped and is therefore without any income.

Our client suffers from (insert health conditions/circumstances here). They are incapable of working and are currently challenging the decision to stop their ESA.

There has been no other change in their circumstances. It’s kindly asked that Housing Benefit is continued and (clients name)’s income is recorded as nil whilst the challenge is underway. We will update you regarding the progress of the appeal in due course.  

Yours Sincerely

(INSERT NAME HERE)

(ATTACH FOA BEFORE SENDING)