ESA and studying help please!

zebra12

Hi all, long time lurker but first time poster here!

I am currently having some major issues with my claim for Employment and Support Allowance (income based). I'll explain everything I can here but am happy to answer any further questions that may help.
I have two disorders; Obsessive Compulsive Disorder and a General Anxiety Disorder. I take regular medication for this and am heavily involved with my mental health team.

I began claiming ESA at the beginning of 2010 when I was forced to leave my jobs due to my illness worsening. In September 2010 I decided to begin studying on a higher education course that was offered at my local college. Due to the course being at higher education level I was eligible to take out a tuition fee loan of £2000 and a maintenance loan of circa £3000. Eventually, the job centre adjusted my payments of ESA to reflect the fact that I had a £3000 maintenance loan so my rates of ESA reduced from around £95 a week to £50 a week for the duration of my course.

This academic year (2011-2012) I have automatically rolled onto the second and final year of my course however my payments of ESA have been suspended for 9 months now and there is still no real sign of resolve.

The main problem at the moment is centred around the process that took place in my first year of study of simply re-adjusting my rates of ESA to take into account my entitlement to a maintenance loan. This year around I am entitled to a £2000 tuition fee loan and a £2, 508 maintenance loan from student finance england. However, I have not taken out the maintenance loan due to the fact that the debt I am already in has caused my anxiety disorder to worsen considerably, I have discussed this decision with my therapist at length.

So, I have asked the job centre to re-adjust my payments of ESA to reflect the fact that I am entitled to a £2, 508 loan and I would have expected the same process that occurred last year; my ESA payments would be reduced to reflect this. However, today I have been informed that the decision maker has reversed a decision that was made on my claim in January of this year for my student loan entitlement to be taken into account and has now requested that I am assessed based on criteria that does not apply to me; i.e. assessed as an independent student.

If I was an independent student I would be eligible for a £4, 905 loan according to the jobcentre, however I cannot stress enough that I am a dependent student and therefore I am only actually entitled to a £2, 508 loan. The jobcentre are currently assessing my payments of ESA based on the £4, 905 amount, which I am not entitled to. I am a dependent student because I am aged under 25, not estranged from my parents, not married etc etc.

I have tried to contact both my local CAB offices today however they are both shut, after 9 long months of trying to resolve this I am a complete and utter wreck. The stress is taking a massive toll on my health, I feel at breaking point and I need a resolve to be found. Financially, I cannot afford basic necessities such as food and fuel to the extent that I see no other option than to move back into my parents home.

Sorry about the length of the post, I wanted to make sure all the relevant information was on here. Thank you if you manage to read it all and I really hope someone can offer me some advice.

Thank you in advance

Broke_n_Broken

Not much help, but there should be someone at college that helps disabled students & if the course is offered by/in association with a university their staff will be able to help.
Or just contact any-old uni, they may help.
Contacting a disabilities charity should help too

mynameistallulah

Given the length of time that you have been waiting, I would ask your MP to intervene on your behalf.

zebra12

Thank you for the replies so far

Broke_n_Broken wrote: »

Not much help, but there should be someone at college that helps disabled students & if the course is offered by/in association with a university their staff will be able to help.
Or just contact any-old uni, they may help.
Contacting a disabilities charity should help too

I've spoken to the disability and financial services advisor's at my college to no avail but hadn't thought of contacting a charity so will definitely follow that up.

mynameistallulah wrote: »

Given the length of time that you have been waiting, I would ask your MP to intervene on your behalf.

Would I be able to arrange this by telephone? Due to my illness I'm currently 99% housebound, but having an outsider voice my argument on my behalf would be brilliant.

Dunroamin

Have you supported yourself for 3 years, either by earnings or benefits? If so, you are a independent student.

zebra12

Dunroamin wrote: »

Have you supported yourself for 3 years, either by earnings or benefits? If so, you are a independent student.

No, I haven't. You do also have to earn or amount an income over £7500 per year to be classed as an independent student and my annual income has always fallen well below this both when I have been working and claiming ESA, but thanks for the reply.

Dunroamin

zebra12 wrote: »

No, I haven't. You do also have to earn or amount an income over £7500 per year to be classed as an independent student and my annual income has always fallen well below this both when I have been working and claiming ESA, but thanks for the reply.

£7,500 is the advised minimum income for someone who's working but doesn't apply to someone living on benefits.The 3 years doesn't have to be 3 consecutive years, just a total of 36 months before you start university.

Can you give more information about how long you worked for (and how much you earned) and how long you supported yourself by claiming benefits.

zebra12

Dunroamin wrote: »

£7,500 is the advised minimum income for someone who's working but doesn't apply to someone living on benefits.The 3 years doesn't have to be 3 consecutive years, just a total of 36 months before you start university.

Can you give more information about how long you worked for (and how much you earned) and how long you supported yourself by claiming benefits.

What a nightmare, I wish I'd known this back in 2010! Although I did explore it in detail with SFE at the beginning of my course but they were adamant that I am not an independent student. I've had 4 paying jobs since leaving school; all part time and lasting between a couple of months to a year. I always earned between £5-6 an hour.

I think with only a few weeks left before completion of my course I'm unlikely to make any headway with SFE changing their decision about my student status.

I guess it's onwards I go with the job centre

zebra12

Just a quick update on this thread:

I went to see the citizens advice bureau who were very helpful, said they couldn't understand how the job centre came to the decision they had and wrote to them on my behalf asking for a breakdown of how my entitlement had been calculated. Four months on the jobcentre still have not replied to that letter but I received a letter a couple of weeks ago asking me for more information, all of which they have already received. I'm in the process of organising this.

Now today I have had a letter stating that they (the department for work and pensions) will be visiting me at my home address. I'll have to re-arrange this because my fears of contamination are too strong to just have a stranger come into the house, but is anyone able to enlighten me as to why they would be carrying out a home visit? Is this likely to be related to the issues with my claim? The letter gives no specifics other than to say the visit will be about benefits I already receive, wish to claim or to inform me of other services available.

I'm having a really hard time with my anxiety as it is at the moment, I feel as though this is an added stress I cannot deal with. Would really appreciate any insight anyone can offer, thank you in advance.