Mike Penning MP

Minister of State for Disabled People

Department for Work and Pensions
Caxton House
Tothill Street
London SW1H 9DA

Ref: ML.N0061.CM.18.02.14

Date: 18^th February 2014

Dear Mike,

As a signatory to Early Day Motion 620 I am writing to urge the Government to continue paying the assessment rate of ESA during the reconsideration of refusals.

I know from your department’s replies to previous parliamentary questions that a high number of decisions declaring people fit for work are overturned on appeal – more than 50% across Brighton and Hove based on the latest figures DWP will release to me. Yet the current rules mean that anyone who exercises the right to challenge the decisions about their work capability is being financially penalised, in particular by the withholding of ESA during the 'mandatory reconsideration' stage of the appeal process.

There is no time limit on how quickly the DWP have to complete this stage, which means that my constituents may be left for an indeterminate length of time without any financial support. The only option available to them is to claim Job Seekers Allowance, for which being fit for work is a condition of receipt.

Based on current national statistics, over 30,000 new people every month could be struggling to access enough money to live off while they are waiting for their ESA claim to be reconsidered. These are people who are sick and/or disabled.

If the DWP would agree to continue paying the assessment rate of ESA during the reconsideration period it would save both the administrative costs of having to end and then reopen people's ESA claim, and the knock-on costs of people falling out of the system or not getting the right support. I understand it would not even cost any more than paying people JSA during this period.

I fail to understand why the Government seems so intent on scapegoating individuals who are legitimately incapable of working and would urge you to adopt a more humane approach by committing to pay the assessment rate of ESA during the reconsideration of refusals.

I look forward, on behalf of the many constituents who have lobbied me about this, to your response.

Yours sincerely,

Caroline Lucas, MP, Brighton Pavilion