Failed IB. Failed ESA. Now what?

Bunii_Hugz

Oh my gosh you are so ignorant ! Explain to me then ... during an ESA appeal you continue getting paid ESA while the decision is being made so how could you claim JSA ?

And yes you DO have to repay the ESA thats paid during the appeal - if the decision is once again negative- AS YOU SHOULD HAVE NEVER BEEN PAID IT IN THE FIRST PLACE, the ESA was only paid out because the customer diagreed

... get your facts straight

dmg24

healy's information is correct - if someone appeals their ESA decision and receives the assessment rate during the appeal, they do not have to pay it back if the appeal is unsuccessful. Furthermore, a claimant does not have to be in receipt of payment to have an active ESA claim.

dmg24

Bunii_Hugz wrote: »

Im assuming you mean an active ESA appeal as that staement wouldnt make sense

Fine hope you never find yourselves in that situation as I think you would be in for a shock ...

No, I mean an active ESA claim, either in the assessment phase or once the claimant has been allocated a group. Those on credits only claims do not receive payment.

With regard to not needing to repay the assessment rate which has been paid during appeal, please refer to s. 6 of the ESA Regs.

cit_k

krisskross wrote: »

The choices open to the OP appear to be claim JSA or get a job.

ESA assessment is notoriously more difficult than IB so having failed both I would suggest there is a possibility that the OP really is fit to do some work.

For IB there is a stronger possiblity that the assessment was wrong, as with a representative, around 70 percent of decisions are overturned at tribunal in the claimaints favour.
40 percent for ESA - but thats because ESA was designed not only to be harder to pass at assessment, but harder to appeal as well.

cit_k

alexjohnson wrote: »

That you say you "failed" says it all. Maybe you are genuine - I don't know and I don't care - but your attitude is exactly why the system needs reform.

Not at all.

The assessment is there to assess if you qualify for thesickness benefit.

You either pass it, and are paid, or fail it, and dont get paid.

Tehya

dmg24 wrote: »

No, I mean an active ESA claim, either in the assessment phase or once the claimant has been allocated a group. Those on credits only claims do not receive payment.

With regard to not needing to repay the assessment rate which has been paid during appeal, please refer to s. 6 of the ESA Regs.

DMG is correct. For example when my husband first claimed ESA they assessed us both as we are a couple, I was still working part time and they had to take my wages into account. Because I earned over the assessment rate my husband only got credit. He only started to receive any money (minus my earnings) after he'd been placed in the support group because our applicable amount was then more than my wages.

I also have a friend who was turned down at appeal and no they didn't have to pay any of their ESA payments back.

cit_k

Bunii Hugz you are giving out incorrect advise, your posts are not only incorrect they are highly dangerous and could put peoples lives at risk.

If you are not trolling, and you do indeed work within the benefits system, you are in serious need of urgent retraining.

To tell people that they may have to repay esa monies recieved whilst on appeal - which is a blatent lie - could easily put many people off appealing, or worse, cause someone already appealing to commit suicide.

You should delete your posts, stop giving out advice in areas you obviously know nothing about, if you are trolling you should pick subjects that are not at risk of harm due to your actions. If you are in that line of work (benefits) then you should ask for help / training.

cit_k

Bunii_Hugz wrote: »

Please read if you are thinking of appealing ESA

Sorry to say but you are wrong healy and I'll explain why [I should know its my job]

1] ESA says to the customer "sorry you havnt passed your review and you are no longer entitled to ESA so your payments will stop" ... customer says "I disagree, I dont feel fit for work, I want to appeal" ... now of course this is fine and the appeal goes through 9 times out of 10 its another negative decision - the reason it is classed as an overpayment is because ESA have advised the customer isnt entitled to further assistance, the customer is the one who has disagreed, they continue to pay and if its negative again it further 'proves' their initial decision was correct hence its an overpayment and has to be re-paid

*if the customer then claims JSA they can request to backdate their JSA claim to the day after they last got paid ESA

2] And no you cannot claim JSA while appealing ESA - the customer is still getting paid ESA while appealing so why the hell would the government allow them to get paid ESA and JSA since one of them will have to be an overpayment - if the customer is so sure they arent fit for work by claiming JSA while appealing ESA totally contradics that

*And also ESA and JSA are held on different government services and only one can be 'active' at any one time to prevent fraud

Tbh your post is a tad reckless - please if you are claiming ESA and thinking of appeal totally disregard the comments made by healy they couldnt be further from the truth

IGNORE THE ABOVE POSTER re paying back monies owed if you fail appeal.

They are also likely to be incorrect in all the other points they raise.

healy

Bunii_Hugz wrote: »

Oh my gosh you are so ignorant ! Explain to me then ... during an ESA appeal you continue getting paid ESA while the decision is being made so how could you claim JSA ?

And yes you DO have to repay the ESA thats paid during the appeal - if the decision is once again negative- AS YOU SHOULD HAVE NEVER BEEN PAID IT IN THE FIRST PLACE, the ESA was only paid out because the customer diagreed

... get your facts straight

You are TOTALLY WRONG.

I am not ignorant - you are as you are incorrect.

You could claim JSA instead of ESA whilst appealing.

You DO NOT have to repay ESA if you fail at your appeal - check with someone where you work as you are clueless.

My facts are correct - you are incorrect.

FTW

Bunii_Hugz wrote: »

If you appeal the ESA you continue getting paid ESA until a decision is made, if its negative you need to re-pay all the money they paid you

And you cant claim JSA while you have an ongoing ESA appeal

Incorrect - who told you this?

Healy and I are hardly on friendly terms, but he's right on both counts here - painful as it is to have to admit it.