Rate of ESA - wrong? How do you check?

hueygeorge

Hi All
OK, so this is a post on behalf of my OH, who is currently undergoing an alcohol detox as an inpatient, I am working f/t and looking after our toddler so only have limited time on tinternet. I am relying on the goodwill and expert advice of you lot to answer my query - I'm not being lazy and not looking for the answers myself, I just haven't got time at the mo, plus the Directgov website is rubbish, plus my OH really needs to be doing this for himself at the mo but isn't in the right place, and I need to take a breath!!!
Whilst he has been in hospital he has been talking to others who are in a similiar situation and he has been told that they receive £120 per week on ESA. My OH is currently receiving approx £70 per week. He has been signed off on sick by his Dr as having: a bad back - bulging discs, severe depression, and alcoholism - all true, the last one especially so!
He has to go for medicals every 6 months and has been told by other people in similiar situations on his estate (we don't live together due to his current situation) that he shouldn't attend these medicals etc and his money won't be stopped, although the letters always state that if he doesn't attend his money will be stopped.
Basically I just wanted to check if his rate of ESA is correct? He has had his 52 weeks of contribution based ESA and is now on income related ESA, so I wonder if this is a true reflection of what he is entitled to?
Finally, just a massive thanks to everyone who has replied to my posts in the past, this has been and continues to be such a hard and trying time for me and him and our daughter who misses her Dad. x

princessdon

There are different groups/rates and also premiums if claiming DLA. But none are £70 after assessment, are you sure that is his rate?

HB58

Is this a single claim, or is your partner also claiming for you?

If someone does not attend the ATOS/DWP assessments their claim can be terminated and benefits stopped. This doesn't always happen, especially if the claimant appears to have significate mental health problems, but it certainly happens often enough to make it a very bad idea to miss the assessments!

hueygeorge

He's not claiming DLA - should he be?? Its not a joint claim as we are now living separately - unless he hasn't told them??! I know for a fact though that he isn't claiming DLA. Its just a mess and I'm trying to sort it out for him as well as doing the day to day things, like working and looking after my daughter, you know that feeling where you just think - I've had enough!! x

princessdon

hueygeorge wrote: »

He's not claiming DLA - should he be?? Its not a joint claim as we are now living separately - unless he hasn't told them??! I know for a fact though that he isn't claiming DLA. Its just a mess and I'm trying to sort it out for him as well as doing the day to day things, like working and looking after my daughter, you know that feeling where you just think - I've had enough!! x

Don't know his needs, does he need regular care day and or night? DLA is care related. Can't fathom the only £70 as WRAG is £100.

hueygeorge

No he doesn't need day to night care and yes I've heard about this WRAG - he's definitely not getting that amount of £100 a week - to be fair he is going to have to look into it - I need to nap! Thanks for your help though, much appreciated x

Dogger69

Could he have failed the WCA (reassessment process)? If so, he would have gone on to the assessment rate pending any appeal.

princessdon

hueygeorge wrote: »

No he doesn't need day to night care and yes I've heard about this WRAG - he's definitely not getting that amount of £100 a week - to be fair he is going to have to look into it - I need to nap! Thanks for your help though, much appreciated x

It's not day to night care, it can consist of many things - look at the descriptors. Eg can he cook a meal from scratch (not just put a pizza in the oven) and others. The rate depends on needs. Ask him what he gets then peeps can help more.

epitome

Not enough information.

He could be on appeal having been found "fit for work", but he wouldn't be having regular reassessments on appeal.

We need to know if he has ever passed an assessment and placed into WRAG or Support Group? If he is one of those groups he could have deductions coming off his total amount which could be £100.15, £107 or £120 per week.

If he wants to know for sure he (or you) should phone ESA and ask.

He MUST attend any WCA medical assessments, if he does not he will be asked why he did not and if the reason is not good enough his money WILL be stopped. I am not aware of any exceptions on this rule for people with mental health problems. They may be allowed good cause more readily, once or even twice but if good cause not allowed it will stop the money. The only exception I am aware of for people with mental health probs is the exemption from returning an ESA50.

hueygeorge

I know that he passed the assessment last year but has failed the most recent one which was a few months ago, and is currently waiting to go to a tribunal. I have seen a letter stating that he is in the WRAG part of ESA - the whole bloody thing is so confusing though! Believe it or not, I used to work for the B.A. years ago and was thoroughly confused each day sat at my desk looking at claims for the old I.B.!
He is also under the impression that if he is on 'sick', the bedroom tax doesn't apply to him?? I don't believe this to be true, but again the Directgov website isn't exactly plain on the ins and outs of things. He is a 2 bed flat and since me and our daughter moved out, he is now being charged for the non-use of the extra room. His arrears currently stands at approx £130+. I don't want him to be in a position where he could lose his home.
On top of all this, my tax credits renewal form arrived today - Oh Dear God the fun never ends.........!!! Got to love the HMRC!
Thanks all x
PS - the car insurance is also due next month - life!

rogerblack

hueygeorge wrote: »

I know that he passed the assessment last year but has failed the most recent one which was a few months ago, and is currently waiting to go to a tribunal.

If you have failed an assessment, you are once you appeal paid at the assessment rate - of about £70/week.
If the appeal goes in his favour, then he will be backpaid the difference.