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It is clearly vital to submit the MR request as soon as possible.
Although the one-month statutory time limit can be extended by up to 12 months in special circumstances, it is for the DWP to decide whether it is reasonable to accept a late application (although ignorance of the time limits must no longer be disregarded, nor the merits of the application taken into account, when the DWP is making a decision).4 Also, according to the DWP, there is no right of appeal against a refusal to accept a late application for MR.5 There is no requirement to request a MR in writing, but it is always wise to do so, as there is a risk that a request made in person or by telephone will not be lodged as an application for MR (it could, for example, be treated as a benefit enquiry).
The key element of the transfer process is that transferred claimants will be subject to the work capability assessment (WCA) as part of the reassessment process.
This national application of the transfer and reassessment process follows on from what is officially regarded as successful piloting in the Burnley and Aberdeen benefit areas since last October.
Until recently, the effect on claimants of delays in the determination of appeals was mitigated by the provision for payment of ESA (albeit at the ‘assessment phase’ rate) while an appeal is pending against most limited capability for work decisions.