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Joint claim ESA to UC migration now asking for fit note & face to face review

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1 day 11 minutes ago #299853 by David
Hi Blissfulblues

The employees of the DWP cannot act like a rogue trader and exact revenge. They are employed as civil servants and have to abide by the Civil Service code which means that such behaviour would result in dismissal for gross misconduct.
If you give up as you say then you would need to attend Work Coach meetings at the Jobcentre until you have had your WCA. The HAAS medical assessor may find you fit for work.
By sending the message referred to, you are only requesting a Mandatory Reconsideration which means that the original decision will be looked at again but still by a DWP employee.
I would add the legal basis for requesting a Mandatory Reconsideration. So immediately after the sentence " I was in receipt of ESA in 2019 and had an underlying entitlement to NI contributions on my joint ESA claim" I would add " I was entitled to be credited with earnings equal to the lower earnings limit then in force under regulation 8B(2)(iv), (iva) or (v) of the Social Security (Credits) Regulations 1975” (SI 1975/556).
You are saying that because partners in a joint ESA claim do not automatically receive NI credits.

David

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