Can they do this???

Gracekelly_2

Hi all

thanks for reading this

I have been on ESA since March, I went through the medical and was told that I had to go back to work, so I appealled. I have just had a letter saying that they are cutting my 64.30 to 50.08 from this week!!!! I privately rent and my rent is 550 a month, I have lived here for 5 years now and don't want to move and I have got my son and his girlfriend moving in in December. I have to pay out the 150 every month and my gas and electric are £25 - £35 a week so as you can imagine i have nothing left to live on and I am struggling big time. I have an appointment in Nov with CAB about money but that was when I was on the higher of the two rates.

Can they do this???? They are leaving me with nothing to buy food etc. Can i claim anything else till my appeal goes through?


MTIA

atomicsheep

why the cut to £50? are you having auto deductions for crisis loans or housing perhaps?

Gracekelly_2

atomicsheep wrote: »

why the cut to £50? are you having auto deductions for crisis loans or housing perhaps?

Crisis loan and council tax from last year, but surely they should stop taking this if I am on less than 64.30 or do it at a reduced rate.

sharski

£64.30 is the 'standard' benefit rate whether it be JSA, IS or ESA during the Assessment Phase (or whilst appealing like yourself) - unfortunately, if crisis loan deductions, etc, were 'deferred' until the person was on a higher rate of benefit, no loans wouls ever get paid back...

If a private loan was taken out from a bank, etc, it would still have to be paid out of the £64.30 and, I'm afraid, there is no difference between those and a DWP loan.

Sorry..

Welshwoofs

Can you eke it out until your son and his girlfriend move in with you in December? I assume they'll be contributing financially to the household?

montyrebel

Technically they can leave you with 10p per week, and that is for everything so it could be worse

Gracekelly_2

To be honest I dont think I can eke it out, I need heat as my illness which is incurable becomes alot worse threw stress and lack of food and heat.

What is getting to me is that they have said this is my assessment rate while waiting to appeal, so basically because I think they are wrong then I have to take a drop in benefits which makes me mentally and physically alot worse!

If I was to roll over and say I will go back to work ( which i definately cant) they will pay me 64.30 on JSA.

ESA is 64.30 and JSA is 64.30 ...... so they should just pay me 64.30.

I wouldnt of needed a crisis loan if it werent for the fact they stopped my money in the first place when i was either entilted to JSA or ESA which are both the same amounts.

McKneff

Could you son etc move in earlier to help out with the expenses.

Dont forget, when they do move in you will lose your 25% benefit re council tax as you
wont be a single occupier.

soph2566

You can ask for the amount of the deductions for the ctax and loan to be reduced. It is a bit of a nightmare getting this done and you will need to complete an income and expenditure form. Ring the 3rd party deductions department at the DWP. You can get to them via the general freephone number.
Another thought is if you are receiving HB/LHA you could apply for a Discretionary Housing Payment (DHP) from the council. This is an extra top up on your HB/DHP if they (the council ) feel you have good reason to ask...such as you have to have special food for a wheat intolerance, pay for lots of meds, lots of trips to hospital, have higher than usual heating bills or laundry bills due to illness...stuff like that. You can get a DHP form from the Council. If however you have chosen to live in a property larger than your "needs" they may not help, but it is always worth a go.
Good luck.

AsknAnswer

You are only entitled to a reduced rate of benefit whilst you await an appeal to stop your benefit. You must continue to send in medical certificates from your doctor whilst awaiting your appeal, or they will stop the reduced rate altogether.

They cannot pay you anymore whilst you await your appeal, this is all you are entitled to by law whilst awaiting an appeal, unless you claim JSA.

Gracekelly_2

AsknAnswer wrote: »

You are only entitled to a reduced rate of benefit whilst you await an appeal to stop your benefit. You must continue to send in medical certificates from your doctor whilst awaiting your appeal, or they will stop the reduced rate altogether.

They cannot pay you anymore whilst you await your appeal, this is all you are entitled to by law whilst awaiting an appeal, unless you claim JSA.

I know that ... my point was that if I am not entitled to ESA then I am unemployed so therefore I am entitled to JSA, both these amounts are the same so they may as well pay you 64.30. I put my appeal in weeks ago and they have only just decided to put me on a reduced rate.... how the hell is a 42 year old woman suppose to live on £50.08 a week when someone who is on JSA and under 25 gets £50.95.

Although my son is moving back in he has to give up his job elsewhere to do this also so he will have to claim JSA too, and he will be getting more than me....where is this right????