Can they do this???

thorsoak

Gracekelly wrote: »

I
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????

He doesn't have existing loans that have to be repaid!

dmg24

Gracekelly wrote: »

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????

You are not entitled to JSA if you are not actively seeking work.

Why is your son giving up his job? His claim may be sanctioned for up to 26 weeks if he resigns without good reason.

healy

Gracekelly wrote: »

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????

If they are making deductions from your ESA now I would think they would make deductions from JSA too, so you would not be any better off.

AsknAnswer

Originally Posted by 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.

Originally Posted by Gracekelly

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????

In your initial post, you asked:

Can they do this????

I answered. Yes, they can. It is right in law. Whether it is "right" as in "fair", or what you feel they "may as well do", is for the discussion time area of MSE. This forum is to advise people on their legal entitlements, which as you have stated, you know this is your legal entitlement.

If the appeal does find in your favour, they will backdate the remainder that you would have been entitled to. Wishing you all the best for your appeal.

CIS

You can ask for the amount of the deductions for the ctax and loan to be reduced

Council Tax deductions from benefits are set ,currently, at 3.25 per week and cannot be varied.

AnxiousMum

Gracekelly wrote: »

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????

But once your son pays his share of the living costs to live with you, you will have a bit more to go towards the necessities.

Macro_3

You must have been aware when you took the loan that deductions would be made from your benefit to cover it?

It must be quite a struggle, but you should really prepare yourself in case your appeal for ESA is turned down - you will then have to claim JSA and the deductions will continue to be made, so you might have to live on £50.08 for quite some time depending on the level of arrears outstanding. Also bear in mind that you may have to pay non-dependent deductions from your housing benefit for your son and his girlfriend, depending on their circumstances.

Even if the appeal is successful, the work/support components are only an extra £25/30.

If LHA is not covering your rent in full, would it not make sense to move? I realise that you don't want to, but needs must.

Penny-Pincher!!

Do you not get DLA?