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This is a post on Facebook by a Facebook friend of mine it is quiet interesting and am looking into it in more detail.
I am still trying to find a legal team who have the balls to challenge them over the 'Right of Supersession' under the Social Security Act 1998.
Basically the Welfare reform Acts introduced Employment Support Allowance and they thought lets just shut down the Income Support and Incapacity Benefit Departments (Merged into a department in name only).
The problem is that they forgot to repeal the Right of Supersession, and none of the current Incapacity Benefit Reassessment or ESA Decision Makers are employed/qualified to carry out a Supersession on behalf of the Secretary of State.
Since 1998 revisions are illegal, however existing awards where peeps are migrated to ESA (WRAG/Support) or Forced onto JSA have been done so via revisions. Both the revisions and the failure to Supercede the existing award are in err of law.
What does this mean for existing claimants?
Quite simply they remained in entitlement to their previous award, even if they are now on ESA or forced onto JSA, as their benefit was not legally terminated.
What does this mean for the DWP and the Government?
Well so far this amounts to over £27 Billion fraud since November 2011 when they where informed of this err in law.
What have they done to correct this?
Nothing! As it would mean the collapse of the Welfare Reform Act and the Coalition.
I am still trying to find a legal team who have the balls to challenge them over the 'Right of Supersession' under the Social Security Act 1998.
Basically the Welfare reform Acts introduced Employment Support Allowance and they thought lets just shut down the Income Support and Incapacity Benefit Departments (Merged into a department in name only).
The problem is that they forgot to repeal the Right of Supersession, and none of the current Incapacity Benefit Reassessment or ESA Decision Makers are employed/qualified to carry out a Supersession on behalf of the Secretary of State.
Since 1998 revisions are illegal, however existing awards where peeps are migrated to ESA (WRAG/Support) or Forced onto JSA have been done so via revisions. Both the revisions and the failure to Supercede the existing award are in err of law.
What does this mean for existing claimants?
Quite simply they remained in entitlement to their previous award, even if they are now on ESA or forced onto JSA, as their benefit was not legally terminated.
What does this mean for the DWP and the Government?
Well so far this amounts to over £27 Billion fraud since November 2011 when they where informed of this err in law.
What have they done to correct this?
Nothing! As it would mean the collapse of the Welfare Reform Act and the Coalition.
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