All benefits stopped

Munchkinpie

Hello I am looking for advice. My aunt who suffers depression and anxiety has had all her benefits stopped pending her appeal. We are helping as much as we can but are struggling ourselves. Surely this cannot be right and is entitled to something? I have been told not to let her sign for JSA as this may forfeit her appeal as she would then be declaring she is fit for work. I haven't a clue how the benefit system works but surely they cannot leave her with nothing?

princessdon

So she failed her Wca?

rogerblack

Munchkinpie wrote: »

I have been told not to let her sign for JSA as this may forfeit her appeal as she would then be declaring she is fit for work.

This is not the case.
Firstly - if she has put in a written appeal - not a request for reconsideration - then unless she has missed an appointment, then she will be paid at the appeal rate.
(This is no longer possibly true for decisions after the 28th of this month).

Secondly - it's a red herring about work.
To claim ESA you do not have to be unable to work.
You need to meet one or more of the qualifying disability or health criteria, and the various other criteria - not being in work, contributions and such.

Come the 28th - the government are implemnting changes that are aimed at making everyone who fails an assessment for ESA claim JSA.
If they win their appeal or reconsideration, the JSA claim terminates.

dookar

rogerblack wrote: »

Come the 28th - the government are implemnting changes that are aimed at making everyone who fails an assessment for ESA claim JSA.
If they win their appeal or reconsideration, the JSA claim terminates.

The law will still exist to allow ESA to be paid at the assessment rate pending an appeal, won't it?

Munchkinpie

She is appealing and has been told she is entitled to nothing as she is appealing their decision. She hasn't missed appointments is there anything she is entitle to while waiting?

rogerblack

dookar wrote: »

The law will still exist to allow ESA to be paid at the assessment rate pending an appeal, won't it?

It will allow ESA to be paid once:

1) The claimant has contacted the DWP after receiving the decision, and asked for a reconsideration to be done. (or requested an appeal, and it is treated as a reconsideration request.
2) The decision maker at the DWP has considered the request, perhaps contacted ATOS, or the clients GP, who may take weeks to respond.
3) The decision maker rejects the reconsideration and issues a form saying that they have done so to the claimant.
4) The claimant sends this to the tribunal service, along with any additional evidence that they did not submit earlier.
5) The tribunals service sends a letter to the DWP saying that they've received an appeal.
6) The DWP receive and act on this letter.

There may be additional complications with closing down an intermediate JSA claim.

On a fairly optimistic point of view - with the typical mail-opening times at the DWP, it takes a week minimum for them to respond to a letter.

It seems very unlikely this process will be completed before 6 weeks with no (or reduced) money.

rogerblack

Munchkinpie wrote: »

She is appealing and has been told she is entitled to nothing as she is appealing their decision. She hasn't missed appointments is there anything she is entitle to while waiting?

This would not usually be the case for ESA.
What benefit was she on, and does she, or her partner have any income?
She can claim CB/HTB on the basis of no income.

You (or she) needs to contact them, and find out why she is not being paid at the assessment rate.

She can if she wishes allow you to act as an appointee, and deal with this for her.
https://www.gov.uk/become-appointee-for-someone-claiming-benefits

dookar

rogerblack wrote: »

It will allow ESA to be paid once:

1) The claimant has contacted the DWP after receiving the decision, and asked for a reconsideration to be done. (or requested an appeal, and it is treated as a reconsideration request.
2) The decision maker at the DWP has considered the request, perhaps contacted ATOS, or the clients GP, who may take weeks to respond.
3) The decision maker rejects the reconsideration and issues a form saying that they have done so to the claimant.
4) The claimant sends this to the tribunal service, along with any additional evidence that they did not submit earlier.
5) The tribunals service sends a letter to the DWP saying that they've received an appeal.
6) The DWP receive and act on this letter.

There may be additional complications with closing down an intermediate JSA claim.

On a fairly optimistic point of view - with the typical mail-opening times at the DWP, it takes a week minimum for them to respond to a letter.

It seems very unlikely this process will be completed before 6 weeks with no (or reduced) money.

Excuse my facetiousness, but that's a very long winded 'yes'

"If they win their appeal or reconsideration, JSA terminates" is incorrect. If the mandatory reconsideration is not to the appellants satisfaction, they may appeal and may be paid at the assessment rate of ESA, no? I don't understand the significance of 6 weeks?

rogerblack

dookar wrote: »

Excuse my facetiousness, but that's a very long winded 'yes'

"If they win their appeal or reconsideration, JSA terminates" is incorrect. If the mandatory reconsideration is not to the appellants satisfaction, they may appeal and may be paid at the assessment rate of ESA, no? I don't understand the significance of 6 weeks?

It's a very long winded yes, because it's a very long winded process.
At the moment you can make the appeal on the day you receive the letter, and probably not get any interruption in payment.

The significance of the long winded reply was that all the various steps are unlikely to take less than 6 weeks - so while it's technically true you can be paid on appeal, you may need to last 6 weeks - or more - with no upper limit, with no money unless you do something.

I don't think I ever said that about JSA.

Outside the UC pilot areas, if someone is undergoing mandatory reconsideration, they will only be paid if they claim JSA (or some other benefit, which I'll ignore for the moment).

If they claim JSA, then the process of ending their JSA claim as I understand it is not laid down in law.

It is not the case that ESA will automatically restart and JSA will stop according to the law.

The DWP could choose to do this, as they can do this, and making it automatic would speed admin.
But they likely won't - on the justification that the person is more likely to get a job on JSA, even though they are also entitled to be paid ESA.at the same rate (due to not being paid either support or work related component on the assessment rate).

If the claimant has actually claimed JSA, it's quite likely that you need to add:
7) Ring up ESA and check that they've gotten the notice from the tribunals service that they've sent your appeal, and that you want your ESA payments to restart during appeal.

Ideally this would be quick and easy, and would not involve them telling you you need to close down your JSA claim, but doing it for you. I could easily see this not being a smooth road - especially once you bring work program providers and sanctions into the picture.

Nevermind hardship payments.

HB58

Munchkinpie wrote: »

She is appealing and has been told she is entitled to nothing as she is appealing their decision. She hasn't missed appointments is there anything she is entitle to while waiting?

Has she sent in 'fit notes' (sick notes/med 3/ Dr's certificate) to cover the time without any money? Payment during appeal will not be started until/unless such a form is received by DWP.

epitome

Munchkinpie wrote: »

She is appealing and has been told she is entitled to nothing as she is appealing their decision. She hasn't missed appointments is there anything she is entitle to while waiting?

What benefit was she on before it was stopped.... ESA or IB or IS?

Did she attend a medical assessment appointment?
if 'yes'... Did she then get told she had failed that assessment and "found fit for work"
if 'No' Why not? Did she fail to attend it or did she fail to return her form ESA50?

Does she have a partner?
Does she have savings more than £16,000 ?
Does she have other income (apart from benefits)

Depending on the type of appeal it is, she may need sicknotes in order to get payments, answer the questions and I will be in a better position to advise you.