esa 365 days finished, been told can't claim a penny

rogerblack

24hourwork wrote: »

heres to looking forward to selling my home and getting a council house, after trying my best to keep it all together for the last 10 years

To clarify a couple of points made earlier.
If he starts a fresh ESA claim, even if he gets into the support group, he would not be paid.

It's only if he continues his existing ESA claim, and gets put into the support group.
When was his last decision that he was to be put into the work-related group?

if under 13 months ago, you can either make a late appeal against this decision, or if his condition has changed, you can notify them of a change of circumstances, and if he's found eligible, payments would resume (at the support group rate).
(in the case of a late appeal, with backpay since the date of the original decision).

In addition - if you sell the house, the savings you have will normally make you ineligible for means-tested benefits.
Spending that money on other than essentials would mean you are treated as still having it.

ankspon

Owain_Moneysaver wrote: »

if you reapply for ESA and get put into the Support Group then that, AIUI, does not have a 365 day time limit, even for contributions-based ESA.

Easier said than done

ankspon

sangio wrote: »

Provided that he is able to provide sufficient evidence that he meets one or more of the Support Group descriptors!

You can't just ask for a re-assessment to be placed in the Support Group just because his ESA is time limited.

He will have to prove that the DWP made a mistake in the past and that he should have been put in the SG and not the WG.

I fit the descriptors for mobility and distances you can mobilise,i also have proof the decision maker lied when assessing my claim,i had my MP involved and i still have not been put in the support group

Horseunderwater

Speak to the mortgage lender and explain to them what is/has happened. See if they may be able to give you a payment holiday or let you off paying back capital for a year while you sort it out. They might even be able to give you a longer time frame to spread repayments and thus make them smaller - you can always pay more later on (usually an extra 10% on most loans /year). Most lenders would rather keep you in the property making payments than repossess and sell at far less than market value. Even in todays market. I'd do this first then begin sorting out the ESA. Definitely get an appeal logged to get him into Support group contributions based one via a suppersessment procedure as soon as you can. Keep working your normal hours for now and if you have credit cards pay the min only if not too high and make sure that you pay council tax and TV license if you need to have one. Priorotise your debts into essential and non essentials and go from there. You can get out of this - takes time - but it can be done.

Cpt.Scarlet

sangio wrote: »

Provided that he is able to provide sufficient evidence that he meets one or more of the Support Group descriptors!

You can't just ask for a re-assessment to be placed in the Support Group just because his ESA is time limited.

He will have to prove that the DWP made a mistake in the past and that he should have been put in the SG and not the WG.

Of course it pre-supposses they can show he meets the SG criteria, however, a supersession is not challenging the previous DWP decision, that would require an appeal.

Ellejmorgan

It's harder than you think to get a council house, as said above you will be making yourselves intentionally homeless, they won't help you..
Also if you have to go into a hostel you would be split up, there are only separate sex hostels, b&b would be the only option..

Just because you are having a hard time doesn't mean you should be having a go at others, they may well have been in your situation and been repossessed...
Because someone has a child at 16 doesn't mean they are bad people, and it's not against the law to create a child at that age, they could have been married and working and ended up in the same situation as you..

Perhaps being a little more open minded could help you in the long run..

The only way is to apply for appeal/submit new claim to say his health has worsened, I would also seek some fast advice from welfare rights...

24hourwork

its not that i am not being open minded, i wouldn't intentionally make myself homeless, i literally can't afford the mortgage anymore, so it would be repossessed, even with letters from his consultant they would not budge on the group they put him into, out MP is fuming as she has seen his medical records, but as she says the final decision is not hers, he has applied for over 150 jobs, thats right 150, part time jobs, and when they ask what has he done the last 5 years and they find out about his illness they don't want to know, its so hard for healthy people to get a job, let alone people with illnesses, only one got back intouch, but they asked him about time off for hospital appointments, so he was honest, as he sees his transplant team regular to check bloods etc, he has treatment ongoing for his osteoperosis in his spine and knees, so goes to a ward to have it by iv every couple of weeks, so when people see these details they don't want to employ him, i know some people will not like what i said about being 16 and getting pregnant, i am jnot saying everyone who does that is bad, a friends daughter had a baby at 15 and now works part time rather than just living on benefits and its refreshing to see, but as i said i have a friend who has 6 children, married a man who has 2, so 8 between them, none of them work, have a council house all paid for, and "brags" that they get paid too much, so why should tthey work? thats unfair in my eyes, i am sorry if others think that is ok to do, but it is just my opinion.
My partner never planned to be ill, or wants all of this, the stress he is under right now is unbelievable, he has panic attack and is very depressed, saying i woukd be better off if he wasn't here and what is the point to his life if the government won't help him, and employers won't take him on, its a vicious circle, i work as many hours as i can right now, but i cannot physically do anymore, as i will be dead on the ground, the effects of all this have well and truely taken its toll, and for me the government are targetting the wrong people, the genuinely sick should get help in some way, i understand there are lots of people who aren't sick and this process can and will get them out of the benefit system, my partner as well as his transplant problem has other illnesses, i know many transplant patients work, and he always did after his previous transplant, but the 30 plus years of medications have taken its toll, and the 30 years of being ill, thank you for everyones advice, i have spoken with the welfare people who look after him, and although they understand and are sympathetic it is also out of there control, luckily apart from the mortgage we have no credit, just normal bills, which my basic covers minus £90, so the money we lived on for food, and day to day living has gone plus the extra £90 to pay the bills, our house has no equity in it, infact it may be in negative equity as we bought it when prices were high.
But once again thank you for peoples advise i am looking into as many things as i can.

rogerblack

24hourwork wrote: »

and when they ask what has he done the last 5 years and they find out about his illness they don't want to know,

ESA does not take into account employability.

The only way in which it can do this is if you fall into one of the exception regulations, where 'the health of any person would be severely put at risk' if the person would be found not to be eligible for a group.

In principle, this could include risks due to loss of housing, but it's a stretch, and unlikely the DWP will agree with this. You'd need to find a sympathetic tribunal, which will take most of a year anyway.

However.
You are claiming - or have investigated - council tax benefit to see if your income allows you any.

In addition - it's possible that he may be entitled to DLA, if he has care or mobility problems.
If this was the case, then it's possible in some circumstances to also claim carers allowance - but in your case, earnings may be too far over the limit to qualify, even once allowable expenses and taxes are removed.

24hourwork

i know its easy to say "sell the house" my brother has had his for sale for 10 months, so its not as easy as that, the fact of the matter is that for me it will costg our government more, at the moment it is £100 a week they have taken from him, instead if we lose our home and i go part time,they will paying housing benefit, council tax, my oher half will then be allowed his benefit back, and we will get working tax credits, all seems a bit bizzare to me, they should be encouraging and helping people to keep their homes, not for people to join the benefit culture that has ruined this country, i completley understand why why all this assessment and re-jigging of the benefit system needed to be done, but for me our government are taking it out on genuine people, which is ashame, and i have a feeling it will not save them money in the long run, taking from the people who find it the hardest to get a job, when jobs are hard as it is, and who medically should not really be working, putting themselves and others at risk around them

GlasweJen

You won't get working tax credits and ESA IR. For a healthy person to claim WTC they need to work 30 hours a week, 24 hours a week if they have children and 16 hours a week if a single parent.

Have you tried claiming WTC in your present circumstances? Have you looked into any alternate benefits or have you just flown off the handle when your husbands 1 year was up?

ETA try using this link to work out what benefits you can claim http://www.turn2us.entitledto.co.uk/

You have to appreciate that rules are rules, under the new universal credit launching later this year you will be expected to seek better paid work as a condition of receiving money, your husband will also be expected to seek part time work if not in support group. Why not look for work that's on specific days so that it doesn't clash with the hospital? I work Wednesday to Saturday, hospital every 4th Tuesday so it's very workable.