--------MANDATORY CONSIDERATION LETTER--------
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 LETTER------
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)
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