ESA and crisis loans

sniggings

I'm waiting for another medical appointment as I missed the last one, my ESA has been stopped until I go to the medical, I have been living on crisis loans until the appointment comes through, I was told last time by the crisis loan people that this would be ok to do until my benefits were sorted out, but on applying again for another crisis loan I have now been told I have had the 3rd and last loan for this year, I told her I was told that the 3 loan rule didn't count in this case, but she said it did as I had missed a medical appointment so no more crisis loans,

Anyone know for sure what the correct rule is here?

[Deleted User]

They are right I'm afraid. 3 loans rule doesnt apply if its a new claim for benefit but your claim is up and running, just under appeal.

GrungeMeister

I don't know if they are right. Surely these crisis loans are "alignment to benefit" and not subject to the three strikes rule ? I've had people receiving these loans for months and months, even to the extent of maxing out to the £1500 limit and having to be given CCG's instead.

pickpocketlocket

GrungeMeister wrote: »

I don't know if they are right. Surely these crisis loans are "alignment to benefit" and not subject to the three strikes rule ? I've had people receiving these loans for months and months, even to the extent of maxing out to the £1500 limit and having to be given CCG's instead.

This would not be an alignment award.

GrungeMeister

pickpocketlocket wrote: »

This would not be an alignment award.

I'm sorry but I have personal experience of this. I know people who are being paid c/l's for months on end in exactly these circumstances.

If they're not being paid alignments, what are they being paid ?

missapril75

GrungeMeister wrote: »

I'm sorry but I have personal experience of this. I know people who are being paid c/l's for months on end in exactly these circumstances.

If they're not being paid alignments, what are they being paid ?

The previous system used to allow payment at a reduced rate in these sorts of circumstances.

Perhaps that's still the case? I don't know what happens now but benefit changes would often retain past features.

sniggings

GrungeMeister wrote: »

I'm sorry but I have personal experience of this. I know people who are being paid c/l's for months on end in exactly these circumstances.

If they're not being paid alignments, what are they being paid ?

I would like to know the answer to that too, I have no ESA and have been told no more crisis loans, (it's a loan so you would think they would prefer that than a benefit), I have now been told to claim JSA whilst waiting for my ESA appeal, but as I don't fit the criteria for that, it seems daft to tell someone to claim a benefit that they are not suited for. The only reason I can think of is to fiddle the numbers, wanting the ESA figures to look better.

StressedOutMummy

If you have submitted an appeal and it's been accepted as a valid appeal then your benefit should be reinstated and paid at the basic rate of ESA.
With regards to the crisis loan, I am a crisis loan decision maker and can confirm it would not be an alignment and therefore would be subject to the three strikes and you're out rule.
HTH

Cpt.Scarlet

StressedOutMummy wrote: »

If you have submitted an appeal and it's been accepted as a valid appeal then your benefit should be reinstated and paid at the basic rate of ESA.
With regards to the crisis loan, I am a crisis loan decision maker and can confirm it would not be an alignment and therefore would be subject to the three strikes and you're out rule.
HTH

As the OP failed to attend the medical, their claim has been closed and as a result the Assessment rate is not payable while they appeal this Decision.

benefitbaby

StressedOutMummy wrote: »

If you have submitted an appeal and it's been accepted as a valid appeal then your benefit should be reinstated and paid at the basic rate of ESA.

The law is clear that failure to attend WCA without good cause leads to loss of entitlement to any rate of ESA whether you appeal the 'good cause' issue or not. Payment cannot be resumed until either a WCA medical is attended OR there has been a new/worsening condition. This is because failure to attend brings to an end the assessment phase until a WCA is done and a decision maker determines that the claimant has a LCW.

With regards to the crisis loan, I am a crisis loan decision maker and can confirm it would not be an alignment and therefore would be subject to the three strikes and you're out rule.
HTH

This statment I agree with, it is not alignment of benefit as the OP is not without benefit payment at the outset of claim.

The CL legislation only allows for a maximum of 3 claims per year for living expenses. The OP should consider again making a JSA claim pending the outcome of his appeal or another WCA whichever comes first.

StressedOutMummy

Hi,
If OP has asked for a reconsideration re: reasons for not attending though and the DM finds in OP's favour, then claim can be re-opened and payments re-instated.I had a case of this last week.