Appeal against time limit decision 41900 Claimants have a right of appeal against a decision terminating contribution-based Employment and Support Allowance, including converted awards, after 365 days, and are entitled to argue on such an appeal that the award should be extended on the grounds that, on the effective date of that decision, they had limited capability for work-related activity. 41901 The decision maker is not required to make a further determination about limited capability for work-related activity when making a decision terminating Employment and Support Allowance after 365 days. They can rely on any previous determination made that the claimant does not have limited capability for work-related activity. Note : See DMG 41855 et seq for guidance where the claimant states that their condition has deteriorated since the previous determination was made. The Appeal Tribunal is at liberty to consider whether the claimant has limited capability for work-related activity when hearing an appeal against the decision to terminate contribution-based Employment and Support Allowance, even if the issue is not raised by the appeal, provided that the decision maker is given the opportunity to consider any further evidence. 41903 The decision maker can apply for an appeal against a decision to terminate contribution-based Employment and Support Allowance to be struck out where there is no dispute about the calculation of the 365 days, and no arguments are made about whether the claimant is a member of the support group. See DMG Chapter 06 for guidance about strike out. Example 1 Bradley is awarded contribution-based Employment and Support Allowance from 12.6.14, and following application of the work capability assessment on 14.1.15 the decision maker determines that Bradley has limited capability for work but not limited capability for work-related activity. Bradley is placed in the work-related activity group from 11.9.14. Bradley is notified on 11.6.15 that his entitlement to contribution-based Employment and Support Allowance is to terminate from 12.6.15 as he has received Employment and Support Allowance for 365 days. Bradley applies for reconsideration of the decision of 11.6.15, on the grounds that he should be in the support group. The decision maker refuses to revise, as the evidence provided does not show a change in Bradley’s health condition since the previous limited capability for work-related activity determination was made, or indicate that it was incorrect.
Appeal against time limit decision 41900 Claimants have a right of appeal against a decision terminating contribution-based Employment and Support Allowance, including converted awards, after 365 days, and are entitled to argue on such an appeal that the award should be extended on the grounds that, on the effective date of that decision, they had limited capability for work-related activity. 41901 The decision maker is not required to make a further determination about limited capability for work-related activity when making a decision terminating Employment and Support Allowance after 365 days. They can rely on any previous determination made that the claimant does not have limited capability for work-related activity. Note : See DMG 41855 et seq for guidance where the claimant states that their condition has deteriorated since the previous determination was made. The Appeal Tribunal is at liberty to consider whether the claimant has limited capability for work-related activity when hearing an appeal against the decision to terminate contribution-based Employment and Support Allowance, even if the issue is not raised by the appeal, provided that the decision maker is given the opportunity to consider any further evidence. 41903 The decision maker can apply for an appeal against a decision to terminate contribution-based Employment and Support Allowance to be struck out where there is no dispute about the calculation of the 365 days, and no arguments are made about whether the claimant is a member of the support group. See DMG Chapter 06 for guidance about strike out. Example 1 Bradley is awarded contribution-based Employment and Support Allowance from 12.6.14, and following application of the work capability assessment on 14.1.15 the decision maker determines that Bradley has limited capability for work but not limited capability for work-related activity. Bradley is placed in the work-related activity group from 11.9.14. Bradley is notified on 11.6.15 that his entitlement to contribution-based Employment and Support Allowance is to terminate from 12.6.15 as he has received Employment and Support Allowance for 365 days. Bradley applies for reconsideration of the decision of 11.6.15, on the grounds that he should be in the support group. The decision maker refuses to revise, as the evidence provided does not show a change in Bradley’s health condition since the previous limited capability for work-related activity determination was made, or indicate that it was incorrect.
dmg-vol8-chapter-41.DOCX