ESA failed appeal still getting benefit

bill_on_line

Went to appeal for my ESA in June 2013 and failed.
However still get the basic allowance without either the support or work related components (GP or consultant are still giving me a sick note).


Should I still be getting ESA if my appeal failed?


I also get DLA lower rate care, this should entitle me to a disability premium if I was claiming JSA or income support?


Can I claim income support disability premuim with my "basic ESA"?




Thanks in advance
Bill

pmlindyloo

bill_on_line wrote: »

Went to appeal for my ESA in June 2013 and failed.
However still get the basic allowance without either the support or work related components (GP or consultant are still giving me a sick note).


Should I still be getting ESA if my appeal failed?


I also get DLA lower rate care, this should entitle me to a disability premium if I was claiming JSA or income support?


Can I claim income support disability premuim with my "basic ESA"?




Thanks in advance
Bill

If your ESA appeal failed and you didn't take it further then you should not still be getting ESA.

Are you sure? How much are you getting?

On this thread https://forums.moneysavingexpert.com/discussion/4789107

you are getting contribution based JSA???? Or were you psoting for a friend?

bill_on_line

Hi pmlindyloo


The situation is as I posted
and was the reason for my post as the situation does not seem right.


I should have said (to prevent confusion, but was trying to keep things simple) My friend gets only £71.70 of ESA per week and he failed at appeal in June 2013, but still gets sick notes from his GP or consultant.


He still gets letters from the DWP advising him to send in a new sick note every 3 months or so. He was an old Incapacity Benefit claimant if that makes any difference (on the long term rate or what ever it was called) and was transferred to ESA without a break in benefits.


So should he be on income based ESA as he is at present you seem to think no, as he failed at appeal months ago, so its a dwp mistake as I suspected.


So what happens now??


Can the DWP claim the ESA back as they have made a mistake?


If he had known he would have claimed JSA instead after the appeal failed (is it to late to make a back claim for JSA in this situation if they reclaim the ESA?) he did received a letter from the tribunal saying the appeal had failed, but no letter saying the ESA would now stop!


The link you posted was related to my JSA claim which I did eventually get the disability premium for, after many forms and phone calls, so thanks to everyone for confirming what I thought.




Bill

pmlindyloo

This sounds as if some 'mistake' has been made.

What I suggest he does is telephone them and let them know what has happened.

If it is an administrative error then he may not have to pay it back. However, it could be argued that he should have realised that he was not entitled to it.

Since he is only being paid the assessment rate are you sure that he has not appealed to the Upper Tribunal?

If he has done nothing since he lost his appeal then he should have been claiming JSA or put in a new claim for ESA. Are you sure he hasn't done this? Ask him if he completed another form for ESA.

If none of these are right and he is concerned or he is asked to pay it back then he should contact CAB for some advice and support.

I believe that if he is asked to pay it back he will need some support to appeal this. Since he would have been eligible for JSA if he hadn't been receiving the ESA payments then there is a method (sorry it does have a special name but at the moment I can't recall it)where they take the JSA payments into account and the debt is written off.

bill_on_line

I help my friend a lot when it comes to filling forms in.


Pretty shore we did not fill a appeal to the upper tribunal.
Don't think we filled in another ESA form will ask my friend tomorrow but he can be as forgetful as me at times.


I sent a letter on my friends behalf back in November 2013 to DWP to try and find out what is going on with his ESA, as yet no reply including about 5 follow up letters/emails to DWP.


Bill

bill_on_line

Have a recollection now of filling in an income based ESA form as he had come to the end of his contribution based ESA. Think it was July 2013. This long time in the assessment phase could be due to a backlog of cases going to ATOS?


But this conflicts with what the Benefit delivery centre said today on the phone that he needed to ring the tribunal which we did and got the answer he had failed his appeal as we knew.

Morglin

Sounds like a mistake, and it needs to be sorted out.

As he would have been able to claim JSA, had he stopped getting the ESA, one amount overpaid (ESA) can be offset against the amount that wasn't paid (JSA).

He can also appeal any demand for repayment of money, by the DWP, as it was official error, because the DWP should have acted on the tribunal decision.

Contact the CAB if you have any problems.

Lin .)