esa appeal from wrag to support

Morglin

You cannot claim hardship payments, whilst on ESA, the OP needs to take previous advice, and claim Income Related ESA.

Lin

sh1981

Morglin wrote: »

You cannot claim hardship payments, whilst on ESA, the OP needs to take previous advice, and claim Income Related ESA.

Lin

O my days how many times ... you CAN claim hardship payments while on ESA. And then I'm told I give wrong advice. I've literally pasted the rule a million times by now.


Look here: https://www.gov.uk/government/upload...30/dmgch35.pdf

Quote:
Is the claimant or partner entitled to IS or ESA(IR)
35013 Hardship payments cannot be made if the claimant or partner
1.
is entitled to
1.1
IS
1.2
ESA(IR)
or
2.
satisfies the normal conditions of entitlement for IS (see DMG 35015)
1
or
ESA(IR) (see DMG 35018).
Note:
A person must make a claim to be entitled to IS or ESA(IR)
2
. The DM will
normally advise people who appear to be entitled to IS or ESA(IR) to claim it.
1 JSA Regs, reg 140(3); SS (Loss of Benefit) Regs, reg 5(3) & reg 11(4); 2 SS A Act 92, s 1
35014 If the claimant or partner has made a claim to IS or ESA(IR) and the DM has not
decided whether they
1.
are entitled to IS or ESA(IR)
or
2.
satisfy the normal conditions of entitlement for IS (see DMG 35015) or
ESA(IR) (see DMG 35018)
hardship payments can be made.

Rule 35014 as stated above in RED applies.

NYM

sh1981 wrote: »

O my days how many times ... you CAN claim hardship payments while on ESA. And then I'm told I give wrong advice. I've literally pasted the rule a million times by now.


Look here: https://www.gov.uk/government/upload...30/dmgch35.pdf


Rule 35014 as stated above in RED applies.

Very difficult to read because the formatting is messed up in your post.

Rule 35014

If the claimant or partner has made a claim to IS or ESA(IR) and the DM has not decided whether they

1. are entitled to IS or ESA(IR) or
2. satisfy the normal conditions of entitlement for IS (see DMG 35015) or ESA(IR) (see DMG 35018)

Hardship payments can be made.



It reads to me that the DM hasn't made a decision on entitlement to IS or ESA (IR) but in the meantime, the claimant could apply for hardship payment.

Have I misunderstood the 'Rule' ???

tomtontom

NYM wrote: »

Very difficult to read because the formatting is messed up in your post.

Rule 35014

If the claimant or partner has made a claim to IS or ESA(IR) and the DM has not decided whether they

1. are entitled to IS or ESA(IR) or
2. satisfy the normal conditions of entitlement for IS (see DMG 35015) or ESA(IR) (see DMG 35018)

Hardship payments can be made.



It reads to me that the DM hasn't made a decision on entitlement to IS or ESA (IR) but in the meantime, the claimant could apply for hardship payment.

Have I misunderstood the 'Rule' ???

The information is out of date. In the scenario referred to in the DMG a claimant would now have to claim a short term benefit advance. This would not be applicable to the OP's situation as they already have an active claim - they need to complete an ESA3 form.

NYM

tomtontom wrote: »

The information is out of date. In the scenario referred to in the DMG a claimant would now have to claim a short term benefit advance. This would not be applicable to the OP's situation as they already have an active claim - they need to complete an ESA3 form.

Thank you for clarifying it for me...:D

sh1981

tomtontom wrote: »

The information is out of date. In the scenario referred to in the DMG a claimant would now have to claim a short term benefit advance. This would not be applicable to the OP's situation as they already have an active claim - they need to complete an ESA3 form.

How is this information out of date? It's from the official website. What I said holds true, Hardship payments CAN be CLAIMED.

sh1981

NYM wrote: »

Thank you for clarifying it for me...:D

No he has clarified nothing. Hardship payments will be paid, the link the rule I gave states HP is paid with ESA.

epitome

sh1981 wrote: »

No he has clarified nothing. Hardship payments will be paid, the link the rule I gave states HP is paid with ESA.

You're wrong.

First of all the OP's wife is on ESA C and the question is relating to ESA C ending after 1 year.

The bit that you have quoted shows that a claimant must first of all have applied for ESA IR (the OP's wife has not done this). To do this they would need to complete an ESA3 which is what everyone has been saying (except you).
Secondly the Hardship is only payable if the DM "has not decided yet".
Thirdly you have to be entitled to Hardship in order to get it, as the OP is working & earning, his partner might not be entitled to Hardship.

I remember on JSA you could only apply for hardship after having waited for a DM decn for 3 weeks, I imagine it would be the same for the ESA rule that you are quoting.

The only time that ESA Hardship is generally applied for, is when you are on a sanction for failing to attend a work programme or a WFi.

I'm beginning to see a pattern develop here in sh1981's posts. and I've only been back here a few hours.

epitome

nashly wrote: »

My wife gets about £115 a week but I would have to check the exact amount, her reconsideration request has yet to be decided by the DWP and is in a queue according to the DWP who she phoned this week.

Sounds like ESA Conts only to me maybe £112 ?

Do you claim benefits in your name? i.e. IS & CA or ESA IR, JSA(IB)?

Does she get DLA care (high) or PIP daily living (enhanced) ?

Rather than her claiming ESA3 it might be financially better if you claimed CA & IS.

nashly

Hi
My wife gets £120 per week contributions rate in the wrag group, she gets DLA/PIP mobility and care both lower rate.
I work part time self employed and get £95 working tax credits which has a disabled element in the payment and my SE earnings for the last tax year was £45 a week.