Just had an interesting chat with DWP. I asked them why they had sent me a new ESA50 form out that does not yet have the force off law, ie the regs covered in this document do not come into force until 28 March 2011. There was a long silence about 4 mins (i could hear fumbling and murmuring in the back ground). When the person came back on the phone, she said it was because they were getting ready to implement the new regs.
I then asked so they can operate the new regs without legal force? No answer. I put it to them that had someone tried to implement the recent vat rise before the enforceable date, t.here would be protests and not a few legal challenges, so why do it to sick and disable people.
I asked for there answer in writing, they said they would get someone to ring me, I dais no I want it in writing, told me no someone will ring' can I demand an answer in writing.
From memory I'm afraid the new regulations allow the DWP to send out the new ESA50 forms before 28 March if the decision date for the claimant will be on or after 28 March.
But good luck with putting them to proof.
Steve
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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