Help for ESA refuse

armindvd

Hello
My friend claim ESA and PIP in same time. After 4,5 months he went to pip assesment and he got standard rate on both components.
He went to ESA assessment aftar 19 months. After a month Last friday he contacted esa to ask about result but they told him you will receive letter soon but unfortunately you are fit to work !!! You have to apply for universal credit do not forget to tell them your benefit stop from 6th may.

I just wonder someone with disability that receive pip for almost 1 year how could be refused ? Is it possible ? What should he do now ? What will happen for other benefit like housin benefit ?

pmlindyloo

armindvd wrote: »

Hello
My friend claim ESA and PIP in same time. After 4,5 months he went to pip assesment and he got standard rate on both components.
He went to ESA assessment aftar 19 months. After a month Last friday he contacted esa to ask about result but they told him you will receive letter soon but unfortunately you are fit to work !!! You have to apply for universal credit do not forget to tell them your benefit stop from 6th may.

I just wonder someone with disability that receive pip for almost 1 year how could be refused ? Is it possible ? What should he do now ? What will happen for other benefit like housin benefit ?

PIP and ESa are two separate benefits.

PIP is about care/mobility needs and ESA is about the ability to work.

When he receives the decision letter if it says that he has been found fit for work then he can appeal.

As part of the appeal process he needs to ask for a mandatory reconsideration when they will look at his claim again. A mandatory reconsideration has to be done within a month of the decision letter.

If the decision is the same after the mandatory reconsideration then he can go to an appeal tribunal.

During mandatory reconsideration you have to apply for JSA or Universal Credit. If you go to an appeal tribunal you can go back onto the assessment rate of ESA.

I believe that most areas will not allow you to claim for UC if you are awaiting an appeal decision so he may have to claim JSA.

Once he has the decision letter it is best to get help from CAB/welfare advisor for the appeal.

As regards HB he needs to inform the council what is happening as they are likely to suspend his HB and CT reduction once the ESA ends and it should be reinstated based either on a low income or based on his UC/JSA claim.

CAB/welfare advisor should help with all of this. They should know the position regarding claiming UC in these circumstances for the area.

HappyMJ

armindvd wrote: »

Hello
My friend claim ESA and PIP in same time. After 4,5 months he went to pip assesment and he got standard rate on both components.
He went to ESA assessment aftar 19 months. After a month Last friday he contacted esa to ask about result but they told him you will receive letter soon but unfortunately you are fit to work !!! You have to apply for universal credit do not forget to tell them your benefit stop from 6th may.

I just wonder someone with disability that receive pip for almost 1 year how could be refused ? Is it possible ? What should he do now ? What will happen for other benefit like housin benefit ?

Housing benefit does not require an applicant of any age to seek work or too ill to seek work. You can get housing benefits without claiming any other benefits. It will require your friend to go direct to council and report his income.

You can be fit to work and have care and mobility needs. If he does sign on for jobseekers allowance they will take that into account when he signs on each fortnight and not require him to apply for work which he is unable to do. He might need only look for work and provide a reason as to why the dozens of jobs he's seen are not appropriate.