claiming ESA

goodbuyer1

Hi, I am self-employed (a trader) on a low income, about £ 8500 per year. I have had an accident two months ago while training in self-defence. Had an operation to my knee a month ago and I started walking without crutches but I am still not walking normally and it will take some time. I am receiving some Housing and Council tax benefit. I am not from the UK but am from the EU and have been living in the UK for about 10 years and have been living at the same address for 8 years (a Council flat). I applied for ESA due to the accident / filled in the form and posted it back. To my surprise, they wrote back asking that I fill in forms HRT and HRT2R and that I also send them :

passport
National Identity Card ( I think only native British people have this, am I correct?)
Home Office Letter showing current status

the HRT forms and the request for the Home Office letter I found perplexing. Showing status of what ?

Am I being asked the correct information ? I thought I just had to send it the form I have already sent, plus the sick notes from the hospital. I was discharged one day after the operation but they agreed to give me sick notes for 6 weeks.

Any advice? Thank you
GB

enabledebra

The link at the end of my post seems to be quite a clear explanation of complex rules.

The forms you have are to look at the Habitual Residence Test.

Self employed EEA nationals are exempt from the 'Habitual Residence Test' (self employed status is retained whilst temporarily unable to work due to illness)

So evidence of nationality and of self employed status should be all a self employed EEA national should need to provide

The home office letter re status means immigration status. Only someone who has made an application to the home office for permission to come to or stay in the UK would have a letter. EEA nationals don't need to apply if they are in the UK to work (except Bulgarians and Romanians)

http://www.turn2us.org.uk/information__resources/benefits/migrants/habitual_residence_test_hrt.aspx

Muttleythefrog

Above will be right advice... they'll be looking to confirm you meet the criteria regarding habitual residence.

Just to clarify for your info purposes... in the UK we don't have National ID cards... although the last government was keen to bring one in at some expense. Many other countries do have national ID cards and they are treated on a par with passports here often as a form of proof of name and nationality.

Otherwise yes, sicknotes will be required to get this benefit initially... after about 3 months you will be subject to a Work Capability Assessment if still claiming the benefit... that assessment determines entitlement to the main phase of ESA which has two groups. You either get placed in one of those groups or are found to have failed the WCA and therefore not entitled to ESA.

HB58

I wonder if the OP was actually asked for his National Insurance card, rather than his National Identity card?

goodbuyer1

thanks all. I have already clarified to the Jocenter, in the claim form I have sent initially, that I am self-employed (and that therefore I don't have a P45 , pay slips, etc), that I have been living in the UK for at least 15 years and been habitually resident here, that I am from the EU, and that I have been a council tenant and living at my current address for at least 7 years.... So obviously their requests make zero sense. I'll just write back with none of the information they requested and with a request that they they read again the information I wrote in my claim form and to send me another request to send back the correct info as their letter make no sense to me.

It's obvious that they are just making it hard, or either whoever is dealing with my claim, is not having his shot of caffeine in the morning.

HB58, no I am positive they asked for a National Identity card. It's as if they did not even read the info I wrote in my claim.

Thanks to all for the help. Cheers
GB

goodbuyer1

I am going in circles. Does anyone knows of any phone support in England? I searched on the directgov website and found nothing. Thanks

goodbuyer1

enabledebra wrote: »

The forms you have are to look at the Habitual Residence Test.

Self employed EEA nationals are exempt from the 'Habitual Residence Test' (self employed status is retained whilst temporarily unable to work due to illness)

So evidence of nationality and of self employed status should be all a self employed EEA national should need to provide

The home office letter re status means immigration status. Only someone who has made an application to the home office for permission to come to or stay in the UK would have a letter. EEA nationals don't need to apply if they are in the UK to work (except Bulgarians and Romanians)

http://www.turn2us.org.uk/information__resources/benefits/migrants/habitual_residence_test_hrt.aspx

I spoke to the Jobcentre and I am receiving conflicting information with them. I am suspecting they are just messing with me. I told them I don't think I need to fill the HRT and HRT2 forms as I am from the EU. They said that 'everyone from the EU has to fill in an HRT etc form'. I said that I lived in the UK for over 10 years and have claimed incapacity benefit in the past. They said it does not matter.

I have had this sort of problems with them before. When I started working as a self-employed a few years ago, they would give me appointments by phone, then I would go to the appointment and they would say they could not find my appointment and I had to rebook a new one. This has happened several times. Sometimes I have to pinch myself to know if I am dreaming.

How do I formally complain about the Jobcentre? I mean in writing, to people who deal with the Jobcentre independently. I mean, what if you need the money and these people just mess with you? Do you just sit back and take it? I don't think they are doing their job (ludicrous, that). I have to pay my rent, the ESA owes me money as I could not work because of the accident, as my business is not earning any money ( I have earned nothing this month as most people are on holiday and they don't buy anything. I mean I didn't even earn a tenner. Nothing). I have been paying my rent with my credit cards, which are now maxed out.

As much as I wanted to avoid it, I will have to claim Income Support again as my business, unfortunately, it's not working at all anymore. I was earning about £ 800 a month until a few months ago, which to me was very good as I am single and I don' t really throw money away, I mean I just buy what I really need, don't spend money on fun stuff , when I can, I buy books.

Is it ok if I start a claim for Income Support and on the claim I mention I am waiting for an ESA claim? The latter could take weeks as these people are making it hard and I need to claim for Income Support anyways. Unfortunately I have no choice and the accident only made things worse.

I have also posted questions on the CAB, they were useless, I received an email asking me to just phone the jobcentre, which I did, but I am just going in a circle here. What would you do ? I need to find a solution and I am stuck.

What would you do?

goodbuyer1

enabledebra wrote: »

Self employed EEA nationals are exempt from the 'Habitual Residence Test' (self employed status is retained whilst temporarily unable to work due to illness)

So evidence of nationality and of self employed status should be all a self employed EEA national should need to provide

The home office letter re status means immigration status. Only someone who has made an application to the home office for permission to come to or stay in the UK would have a letter. EEA nationals don't need to apply if they are in the UK to work (except Bulgarians and Romanians)

http://www.turn2us.org.uk/information__resources/benefits/migrants/habitual_residence_test_hrt.aspx

to start with, I will print out the page of the above link and send it to the Jobcentre dimwits. I am pretty sure they are just messing with me.

HB58

This should give you advice about making a complaint

http://www.dwp.gov.uk/docs/dwp1018.pdf

goodbuyer1

thank you, I appreciate your help

FBaby

I don't understand. They are not telling you you can't claim or doubting what you are saying, they are telling you they need evidence. They mention the identity card because some EU immigrant might not have a passport, just the card. What they are asking is probably just standard to any similar request. As soon as you show proof of being an EU member and having been in the country for 10 years, they will process the claim.

I really don't get it why you want to complain on the basis they just want to see evidence of your claim.