ESA Stopped, help please?

Morglin

You can claim Housing/council tax benefit on low income.

Mandatory reconsiderations, at the moment, only seem to be taking a couple of weeks, and once the posers are lodged with the appeals service, it all becomes a lot clearer, and you can use Turn2us calculator to sort out any and all benefits you can claim.

Lin

mejjo203

tomtontom wrote: »

Can your wife not look for work, if she does not already?

She is looking yes, she is a qualified nursery nurse and is looking in that sector.

mejjo203

Morglin wrote: »

You can claim Housing/council tax benefit on low income.

Mandatory reconsiderations, at the moment, only seem to be taking a couple of weeks, and once the posers are lodged with the appeals service, it all becomes a lot clearer, and you can use Turn2us calculator to sort out any and all benefits you can claim.

Lin

That's good to hear they are taking a few weeks, My appeal for it was received this morning and signed for.


I think im going to have to put in a claim for JSA for cover the money loss so I can get by during this mandatory reconsideration and then go from there.

pmlindyloo

mejjo203 wrote: »

Hi there,


I'm looking for some advice on my current situation, I received a horrible letter from the DWP stating my ESA is stopped as im not entitled to it based on gaining 0 points after my medical with ATOS.


I dreaded this would happen and have no idea what to do, I followed the steps in the letter and appealed for a mandatory reconsideration but im not sure what to do in the meantime with no money


Our housing benefit has been stopped as the DWP have notified the council that ESA has stopped.


The advisor on the phone from DWP suggested I claim JSA so that I have some money, I explained I wouldn't meet the conditions for it as I am unable to accept and take work if offered. They said this is the only way to have money at the moment as ESA wont be paid. I don't know what to do, I cant survive with having nothing coming in, do I claim JSA while this appeal is going through? Will this be a mistake? I cant see them awarding JSA when I im unable to meet the requirements.


From my understanding during the mandatory reconsideration I wont receive any payments, but will do if I appeal further to tribunal. So would this mean that for how ever many weeks it takes to start that process ill be without any money?


Hope someone here would be able to share some advice with me as the DWP just seem to say claim JSA... Which I don't qualify for so im just stuck


Thank you.

You do qualify for JSA as you have been found 'fit for work' . This decision overrides any fit notes from your doctor.

Apply for JSA and ask to see a Disability advisor (you can apply on line)

Job Centre Plus are used to people applying for JSA in this situation. Reconsideration does seem to be taking about 2 weeks so after this you can appeal and ask to go back on ESA (it will be the assessment rate)

If you are too ill to attend Job Centre Plus then telephone them and explain that you are ill. You are allowed two periods of sickness during the year whilst on JSA. It would be useful if you could make the initial interview as this would speed up your HB claim (you need to contact the council and explain what has happened)

pmlindyloo

mejjo203 wrote: »

That's good to hear they are taking a few weeks, My appeal for it was received this morning and signed for.


I think im going to have to put in a claim for JSA for cover the money loss so I can get by during this mandatory reconsideration and then go from there.

Do you mean you have asked for a reconsideration? Reconsideration and appeal are separate.

mejjo203

pmlindyloo wrote: »

Do you mean you have asked for a reconsideration? Reconsideration and appeal are separate.

Ive sent my appeal for the mandatory reconsideration.. Awaiting to hear back about that, in the meantime I have put an online app in for JSA, Im worried this will affect my ESA appeal as they may just assume im all fit and ready for work, on the application ive selected all the options for having a disability.


Ive literally been forced to do this to have this next few weeks covered while dealing with this appeal. I wouldn't manage to get through it all otherwise.

tomtontom

mejjo203 wrote: »

She is looking yes, she is a qualified nursery nurse and is looking in that sector.

It would seem better all round if she applied for JSA, and you were (in the eyes of the Jobcentre) the main carer for your child.

mejjo203

tomtontom wrote: »

It would seem better all round if she applied for JSA, and you were (in the eyes of the Jobcentre) the main carer for your child.

I didn't even think of this, I've Already done the claim online and submitted it. I thought I had to claim it based on the whole esa situation.

I'm hoping this is just going to be a very short process and the esa decision is turned around at the mandatory consideration

mejjo203

Really don't know what's the best decision, if my wife claimed the jsa. She is the one that is mainly looking after our son due to my limitations so would be unable to take a job immediately. And then if I did have to appeal to tribunal would she just close the jsa claim and my esa would continue at the assessment rate? Not sure if that option would be better

pmlindyloo

mejjo203 wrote: »

Really don't know what's the best decision, if my wife claimed the jsa. She is the one that is mainly looking after our son due to my limitations so would be unable to take a job immediately. And then if I did have to appeal to tribunal would she just close the jsa claim and my esa would continue at the assessment rate? Not sure if that option would be better

If your wife is unable to fulfil the eligibility criteria for JSA (ie start work) then it is best for you to claim as you have done. She can be added to your claim (just like ESA) but will not have to adhere to the activities because of her caring responsibilities.

You will need to say that you want to return to ESA once you have the results of your reconsideration./need to appeal.

And no, the fact that you are claiming JSA in the meantime will have no impact on your assessment for ESA.

A useful read:

http://www.disabilityrightsuk.org/appeals-and-mandatory-reconsideration