Best way to get Benefits stopped

thequant

My partner has had his ESA claim stopped and is currently appealing (previously on IS).

However at the time his circumstances changed considerable, he was awarderd a pension,a substantial lump sum and we started living together as a couple.

I work full time and have a lot of money in various assets.

Anyway we decided to appeal his ESA asessment as we wanted to ensure he could claim his NI contributions and be able to pick up his ESA claim in future should anything happen to us as a couple. Also we had it on good authority that if one fails to appeal an ESA assessment you are likely to find your DLA cancelled at some point in the future, something he also claims.

After pestering the benefits people for 2 months for a change of circumstances form we have finally got one and are now getting stressed with the questions.

basically, when we fill in the form and have to declare his assets, my assets, his pension. I am worried that they are going to get suspicous and start demanding all sorts of paperwork and start an investigation of him/us.

I know everyone will say aslong as these change of circumstances are declared to have happened at the correct time, then you will have nothing to worry about.

However I have been in this position before when I claimed benefits in the past. I was on IB and had a large winfall, I declared the money and was investigated for 2 years, had to constantly call my bank for statements going back for years, getting dragged in for interviews. In the end it was declared I had done nothing wrong.

But I know the hard way, once suspicion is around they dont stop. My partner has been very stressed out by being turned down for his ESA, stressed by a 4 year fight to win his pension, stressed by a previous 9 month fight when his benefits were suspended when some paperwork went "missing in the post". Even trying to obtain the change of circumstances form has taken 2 months of phonecalls/emails and recorded post (this was so we had ample proof that we declared as a couple as the correct time)

Anyway this is all affecting his health, so we have decided to throw in the towel as its not worth it for a NI only claim.The appeal is now in progress. Whats the best hassle free way to get his benefit stopped ?

I.e. we dont want to declare a change of circumstances, have to jump through hoops when we don't actually want claim anything!

Mara69

Write a letter advising you are withdrawing the appeal. Simple.

thequant

Mara69 wrote: »

Write a letter advising you are withdrawing the appeal. Simple.

Just checking is it that simple ?

Also, when the inevitable happens and his DLA is stopped, will we be able to appeal that though. i.e. failure to appeal his ESA wont mean we will lose our right to appeal any future DLA decisions ?

krisskross

If he was previously on IS then he wouldn't get ESA income based anyway as I assume he doesn't have the NI contributions.

shouldn't impact on his DLA.

Adereterial

Just write a letter stating that due to a change in circumstances you no longer wish to claim ESA and are withdrawing your appeal. If you've already received something from the Tribunal Service copy it to them. No questions will be asked.

If you've already notified DWP that you're in receipt of a windfall and pension, and have moved in together and they have delayed sending you the form and have not suspended payments to prevent overpayments then that's their error, and they cannot do anything other than swallow it. If you've NOT told them the details (other than your circs have changed), you should simply fill in the form and return it along with the letter cancelling the claim - they will assess and you may owe some money which you will have to repay. Send evidence of the dates of payment of the windfall and pension along with it and it will be sorted quickly. That will depend on what you told them at the time though.

DLA is not related to ESA. DLA will not be notified that an ESA claim has failed due to the medical because they do not need to know. Your partner will not automatically lose his entitlement to DLA because he has withdrawn his claim - DLA is payable even if you close a claim to ESA and return to work. Your partner will be reassessed at some point in the future as will everyone in receipt of DLA. Whoever your 'good authority' is - they're extremely paranoid and talking utter nonsense. Please do not listen to them.

thequant

I'm going to write a letter cancelling the appeal. Does anyone know what will happen now they have sent the form and I dont return it?

Re DLA & ESA, a quick google will show that many people are having their DLA withdrawn due to a failed ESA assessment including those with "indefinite" awards. Also I've had it confirmed by a benefits officer that this is the case.

Adereterial

thequant wrote: »

I'm going to write a letter cancelling the appeal. Does anyone know what will happen now they have sent the form and I dont return it?

Re DLA & ESA, a quick google will show that many people are having their DLA withdrawn due to a failed ESA assessment including those with "indefinite" awards. Also I've had it confirmed by a benefits officer that this is the case.

And this benefits officer is telling you it is not the case. Categorically not the case.

DLA awards are periodically reviewed, including indefinite ones.

[Deleted User]

thequant wrote: »

I'm going to write a letter cancelling the appeal. Does anyone know what will happen now they have sent the form and I dont return it?

Re DLA & ESA, a quick google will show that many people are having their DLA withdrawn due to a failed ESA assessment including those with "indefinite" awards. Also I've had it confirmed by a benefits officer that this is the case.

I would imagine they will be delighted at one less appeal(partly the intention in any case)as for dla there have been such instances but pure coincidence

thequant

Adereterial wrote: »

And this benefits officer is telling you it is not the case. Categorically not the case.

DLA awards are periodically reviewed, including indefinite ones.

didn't know you were a benefits officer, so will treat your posts with the greater weight they deserve.

The process of how things happened, was that within days we were notified he had failed his assessment but been awarded his pension (cant remember which first). We then thought sod it, lets live together, hes lost most of the potential esa through his pension payment, and anything left would be wiped out through the capital rules because of the lump sum payment.

we moved in together, then we were given advice to pursue the appeal because of NI contributions and potential impact on his DLA claim.

we then informed the benefits office about the change in circumstances and to prevent any hassle regarding dates we actually put back the date we moved in (i.e. said we moved in earlier than he did).

yes a fib, however we wernt trying to claim extra benefit in fact it will cost us when they come for the overpayment.

so why the fib ? as mentioned he was awarded his pension in the meantime. but he was last declared his circumstance about 3 years ago. So once they know about his pension the obvious question is when did he get it ? yes we are fine regarding dates and have letter proving it, but we really can't have the hassle of being investigated.

we just want repay the overpayment and walk away.

I'm guessing your still wondering, well why paranoia ?

as mentioned above he had his benefit suspended at one point, so I balied him out by transferring him some money (all of which was paid back when his benefit was reinstated and he recieved the back dating of his money)

so the thing is I don't want an investigation being kicked off because when it happened to me, I was continually asked for bank statements,asked for more statements for linked accounts,whenever there was an unusual transaction I was hauled in to explain it, asked for proof of spending transactions sometimes 3 years old. Had more grief on the occasions I couldnt prove them. Had to ask family and friends for proof of any monies lent to them or paid back from them.
I was once hauled in for a £100 withdrawal from a cash machine.

Long and short of it I was cleared of any fraud in the end, I asked one of the benefits people off the record why the hell did they go to all that trouble. The problem ? my bank balance, apparently they had sniffed that their could have been a major fraud case happening and that they will pursue these relentlessly because ultimately these are the cases that make it into the paper and are ultimatlely more cost effective in detering benefit fraud.

We just can't have the hassle as it is affecting his health. Ultimately we will have concede with anything we are legally bound to do, however we just want the minimun fuss free way to walk away from this.

Thanks

thequant

as we have now notified the benefits office, and they have sent out the form and have hence acknowledged a change in circumstances. What will happen if we dont send the form back within the 14 days they specify. Will his benefit be suspended and eventually stopped ?

Adereterial

His claim will in all probability be closed on the 15th day. You'll then be asked to repay anything since the date you gave for the change of circumstances. You may find they've already suspended the claim pending the form back so no more payments will come out.

We're not talking about fraud here - if you notified them in good time and just want the claim closed they'll accept that. There's no fraud that I can see.

Just send in a letter stating that you no longer wish to claim from XX/XX due to the change of circs and could they please notify you of how much has been overpaid so you can make arrangements to repay it. Put aside any money you/your partner receive from claims you're going to close so it's to hand ready to be paid back when they tell you how to do so.