EESA help please

iwanttosavemoney2008

allen35 wrote: »

If your mum was receiving CB ESA and was also receiving help from Housing Benefit then i can presume her redundancy was less than £16000.

With tariff deductions for £16000 in savings the maximum is £40 per week reduced from ESA (income based) therefore still giving an award of £31 whilst appealing and her full entitlement to HB.

The only thing i can think of is to ask to speak to a manager when you ring and put a complaint in by phone and back it up in writing.

the monoey she had went fast as she paid off debt and set up a new home as everythign stayed with her previous partner.

housing benefit has started paying again today without the ESA having made their decision based on the information we gave them lats year and a little extra evidence of her income

why cant ESA do the same :mad:

edit: she doesn't receive full hb only part which hasn't helped with the money eating her capital as she was paying £250 towards her rent each month

Ellejmorgan

ESA is hard to be awarded especially on mental health grounds, she'll just need to keep doing the sick notes unti awarded..

How long ago was the redundancy awarded ??

enabledebra

iwanttosavemoney2008 wrote: »

she received 20k redundancy but it is all gone she isn't claiming JSA as she isn't capable of working atm her mental and physical health are not sufficient to be able to cope with it.

she can't cope with opening her post, talking to new people, dealing with forms etc.

ESA can continue to be paid whilst appealing but if her entitlement to contribution based ESA has expired she will need to show her capital and income allow her to qualify. If HB are satisfied re her capital that's good - it's just a mess up with ESA and your evidence- send it by recorded delivery and complain
http://www.dwp.gov.uk/contact-us/complaints-and-appeals/

iwanttosavemoney2008

Ellejmorgan wrote: »

ESA is hard to be awarded especially on mental health grounds, she'll just need to keep doing the sick notes unti awarded..

How long ago was the redundancy awarded ??

about 18 months now i think it was feb 2011ish

iwanttosavemoney2008

enabledebra wrote: »

ESA can continue to be paid whilst appealing but if her entitlement to contribution based ESA has expired she will need to show her capital and income allow her to qualify. If HB are satisfied re her capital that's good - it's just a mess up with ESA and your evidence- send it by recorded delivery and complain
http://www.dwp.gov.uk/contact-us/complaints-and-appeals/

i have been taking it into my local jobcentre plus office so i know they have it i am wanting to go down the route of complaining as she has been without money now for 3 months whilst they are sorting this out

allen35

I can fully understand your frustration and unfortunately there doesn't seem any other way than earlier posted, send info' again and put a complaint in both in writing and by phone.

It certainly isn't acceptable but it does seem they are judge and jury when dealing with the vulnerable in our society.

Don't expect an apology either i'm afraid......

Ellejmorgan

iwanttosavemoney2008 wrote: »

about 18 months now i think it was feb 2011ish

I think that's the problem i'm wondering if it's deprivation of capital...
That money they would expect to last a few years...
I'm guessing though..

enabledebra

Ellejmorgan wrote: »

I think that's the problem i'm wondering if it's deprivation of capital...
That money they would expect to last a few years...
I'm guessing though..

That's exactly what they are wanting to look into. Hopefully the HB decision on the same issue is a good indicator that DWP will also find she hasn't deprived herself of capital and if there were debts to be paid and the rest went on rent it seems hopeful.

BigAunty

enabledebra wrote: »

That's exactly what they are wanting to look into. Hopefully the HB decision on the same issue is a good indicator that DWP will also find she hasn't deprived herself of capital and if there were debts to be paid and the rest went on rent it seems hopeful.

Payment of debts are fine as long as the OP can prove the debt and demonstrate it was legally due.

What the DWP don't like is when someone pays off a debt early ahead of it's payment date, such as someone using a lump sum to pay down their mortgage.

I assume from a recent post where the person loaned the money to the family member to furnish their property but neither party has any receipts/bank statements to back it up, that if it's a loan to a family member, the DWP will want evidence of it.

HB58

Ellejmorgan wrote: »

Do you mean ESA ??


If it was contribution based then her claim has expired, she would need to claim JSA..
Alternatively she could look at submitting a new claim if it was some time ago..

That is not totally accurate. After 365 days in the WRAG the claimant will be assessed for income-related benefit. Time in the Support Group is not limited.

I don't think this makes much difference in the OP's case, but it might be important for others who might read this.

I do suspect that DWP are considering deprivation of capital, which can be very difficult to assess.