ATOS Medical, benefits suspended - advice required

dvs

Is it me or is the benefits system really confusing!?! I have a friend who suffers from a mental illness. From what I understand, they are receiving Income Support on an incapacity to work basis as they did not have enough National Insurance contributions. They had a medical assessment with Atos in May this year but heard nothing back and continued to receive their benefits and housing benefits as usual.

This week they received a letter (letter dated 25th August) saying that they didn't score the minimum 10 points required and that their National Insurance credits were being suspended as of 9th July.

I assumed National Insurance credits were related to pensions (i.e. they top up your pension as you are not earning) but does anyone know if the benefits office pay National Insurance credits to enable payment of benefits? The letter informs them that they need to contact their benefits office to let them know as it may affect their benefits.

Today they have received a letter from the local council informing them that their Housing benefit payments have been suspended because their Income Support was suspended on 9th July. They have not received a letter stating that their Income Support has been suspended. I assume that this relates to the decision to suspend National Insurance Credits but can the benefits office suspend any of the benefits before the date that they notify you? They have taken over three months to assess the information from Atos medical. Is it fair to then suspend payments six weeks before they write to you to give you their decision? Will they now be asking for the money back?

I have tried talking to them but they are not authorised to talk to me (despite my friend writing to them to authorise me to speak to them previously). We are going to appeal the decision as Atos did not ask enough questions to answer the list of questions they sent in their letter but the whole process just seems wrong - especially for someone who is less able to deal with things like this (like my friend).

Any help, much appreciated.

tcr_3

I think your friend has claimed Income Support & Incapacity Benefit, maybe doesn't qualify for the latter because they haven't paid enough stamps so they get Income Support instead. So Incapacity Benefit is a "credits only" claim ... i.e. they'll cover the National Insurance stamp (i.e. for pension entitlements in later life) but not any cash benefit.

If NI credits have stopped from July, Income Support will follow suit even though they've probably paid beyond that date. That means there's every chance your friend has been overpaid Income Support from July-date ... but if they appeal against that decision the overpayment should be much reduced.

Is it fair to suspend benefit from way back even though you only get the notification today ? Nope, not really. It's probably happened because the medical decision has to work its way through the Incapacity Benefit office first, then has to join the queue at Income Support, every chance this admin work has held things up.

casseus

you or your friend who ever deals with your friends benefits needs to appeal the decision of the atos medsical assement, GL24 form from the dwp, you also need to inform income support that you are appealing they may be able to pay a reduced rate whilst the appeal is ongoing, if your friend cannot afford to live off a reduced rate then they can claim job seekers allowance whilst the appeal is going on. if your friend wins the appeal then you inform jobseekers and this will cease to be paid your friend will then get backdated payments from the date that income support and housing and council tax benefit stopped and will be continued to be paid depending on whether your friend is classed as expempt from another atos medical if not classed exempt then your friend will take another atos assessment in 12-18 months time. you need to submit the GL24 form asap you may also want to make an appointment with citizens advice benefits advicer who will help with all the forms. when you appeal ask for the all medical evidence to be forwarded to your friend as soon as possible or they will wait until the last min to send it to you and then its too late to see what the assesor has said about your friend to contest the findings. good luck

casseus

MrManic

You need to appeal ASAP, you also need to tell housing benefit and CT benefit that your appealling, all your benefits should then be re-instated, Ask for a copy of the report, i'll warn you, you won't like what they've said.
Do not go onto JSA, how can you claim JSA if you are unfit to work? The only way would be to lie which then turns it into fraud, i have heard of 1 case where someone claimed ESA, failed the assessment, signed on JSA and is now being investigated for fraud on the ESA claim!
Once you appeal all benefits should carry on until your appeal, you still need to get sick notes though. Appeals can take for ever but don't give up, i have just got my appeal date, 10 months since the decision but i have had a reletively hassle free 10 months:)

cit_k

MrManic wrote: »

You need to appeal ASAP, you also need to tell housing benefit and CT benefit that your appealling, all your benefits should then be re-instated, Ask for a copy of the report, i'll warn you, you won't like what they've said.
Do not go onto JSA, how can you claim JSA if you are unfit to work? The only way would be to lie which then turns it into fraud, i have heard of 1 case where someone claimed ESA, failed the assessment, signed on JSA and is now being investigated for fraud on the ESA claim!
Once you appeal all benefits should carry on until your appeal, you still need to get sick notes though. Appeals can take for ever but don't give up, i have just got my appeal date, 10 months since the decision but i have had a reletively hassle free 10 months:)

any further info or link to that case you mention?

The DWP told me I could apply for JSA (sometimes they say its the only option, it's kindof random the advice they give you, often changes...) and recently was told I could apply even if not fit for work,as the jobcentre staff understand it happens and go easy on people in that situation.

Its ridiculous really, they are saying they condone fraud, so I refuse to take part in it.

dvs

Many thanks to tcr, casseus and Mr Manic for your responses - very much appreciated. The appeal is written and has been sent. I put in the letter that my friend will not be applying for JSA and expects to continue to receive Income Support but I'm guessing we should probably call to confirm (if they will speak to me). Will speak to the council on Tuesday (damn bank holidays!) and see if I can get him an appointment this week to sort out the Housing Benefit.

newleaf

dvs wrote: »

Many thanks to tcr, casseus and Mr Manic for your responses - very much appreciated. The appeal is written and has been sent. I put in the letter that my friend will not be applying for JSA and expects to continue to receive Income Support but I'm guessing we should probably call to confirm (if they will speak to me). Will speak to the council on Tuesday (damn bank holidays!) and see if I can get him an appointment this week to sort out the Housing Benefit.

Suggest when you phone on Tuesday you have your friend at your side to confirm his/her personal details for security purposes and give verbal consent for them to speak to you. They are obliged to do so if the customer requests and consents to it.
Does your friend have any professional support (SW or CPN for instance) who could assist?
Good luck.

dvs

cit_k wrote: »

The DWP told me I could apply for JSA (sometimes they say its the only option, it's kindof random the advice they give you, often changes...) and recently was told I could apply even if not fit for work,as the jobcentre staff understand it happens and go easy on people in that situation.

Its ridiculous really, they are saying they condone fraud, so I refuse to take part in it.

I was thinking the same. Atos (on behalf of DWP) say that he is fit to work so arguably, he can apply for JSA but realistically he isn't able to work at the moment. I doubt Atos or the DWP would be liable if he returned to work and something bad happened though. Typical. I put in teh letter that we will not apply for JSA as it doesn't seem right.

His GP just signed him off for three months and has referred him again for more therapy. The psychiatrist he has recently seen diagnosed moderate to severe depression and said he isn't fit to work. I know he'd love to be working but he simply isn't ready just yet.

dvs

An update:

DWP agree that friend has a valid case for an appeal. They have said that the appeal could take between 3 and 6 months but they will pay 80% of the basic rate (which excludes the disability premium he was getting). This gives him around £52 per week rather than £93 he was getting. We're still waiting for confirmation about how this will be paid. They had paid the full rate up to 19th August. In their letter dated 25 August they backdated the cancellation of his benefits (still have not got an explanation from them about this). The most recent letter stated that his benefits were reduced on 2nd July and cancelled from the 9th July. If the reduced rate takes effect from 2nd or 9th July, then he won't receive any money for several more weeks because he has been overpaid. I'm hoping that they will take the new rate from when his benefits actually stopped but I somehow doubt it.

Benefits_Bod

For HB/CTB, the claimant (with help if necessary) needs to respond to the Council very straightforwardly advising that the DWP benefits are in dispute but, in any case, the claimant has nil income until that dispute is resolved. Therefore, HB/CTB should be reinstated.

NB: Some LAs say silly things such as "...you MUST have an income..." or "We don't accept nil income claimes...". Section 130 of the Social Security Contributions and Benefits Act 1992 expressly allows HB to be payable where a claimant doesn't have an income.

cit_k

Benefits_Bod wrote: »

For HB/CTB, the claimant (with help if necessary) needs to respond to the Council very straightforwardly advising that the DWP benefits are in dispute but, in any case, the claimant has nil income until that dispute is resolved. Therefore, HB/CTB should be reinstated.

NB: Some LAs say silly things such as "...you MUST have an income..." or "We don't accept nil income claimes...". Section 130 of the Social Security Contributions and Benefits Act 1992 expressly allows HB to be payable where a claimant doesn't have an income.

Im waiting for a decision on that basis, nil income.

Its a shame NO ONE at the DWP told me much earlier about it, its disgraceful the level of help they offer.

It was the housing association that told me about it, the DWP were quite happy for me to be evicted.