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Hi an urgent ESA suspension problem can someone point me in the right direction?

Hello I hope you can help - I have someone who is a decent human being but has been put is a difficult situation. Someone else was helping him before but I’ve been called on-board as the other person hasn't got the time. He has been on ESA for a long time, He suffers from severe social anxiety, depression, body image issues and also post-traumatic stress due to many issues; most of which are childhood-related, whereas the traumatic stress (I believe) was relatively recent (5 years ago) due a severe facial injury that required intense facial- reconstruction; (were talking hours of surgery and many surgeons)

He has been on a continual downward spiral since as he has no support network and his heavy drinking with which he has used to cope with his social anxiety! This has now culminated with him having a psychotic episode a few weeks ago that resulted him being imprisoned for 6 weeks on remand. He received a suspended sentence plus counseling for drink. No one was hurt, though I’m assuming the experience hasn’t been pleasant for anyone that was involved. I cannot stress enough that the person Is decent human being that hasn’t had the help he’s needed for years.

His ESA was such that even wrote him off (never needed a tribunal etc) but since coming out of prison he has found that his ESA has been stopped. Im assuming it was because we went to prison the last amount paid into his account was june6th! and nothing after this. He doesn’t have the skills to get it reactivated on his own! I have done some homework, and found that he is classed (still) as a remand prisoner as just being locked up from June 6 to approx 5-6 later! I believe from my own research (limited) that.....

1 There is a 12 week period within which the EAS can be re-activated / or linked) is this correct?

2 and that this means that there is not major/ substantial extra information needed to be sent to the dwp? And that it is merely a case filling in a new form and re-activating the claim?

3 However he hasn’t been in proper contact with a DR due to him slipping off the radar in terms of doctors notes (he hasn’t needed them for over three years, so you can imagine that someone who suffers from such conditions has simply let things continue!) will he need one now?

4 Or is it simply a case of filling in the correct forms etc? He has no money since coming out of prison- his rent was paid by housing benefit but the short-fall which was made up by himself with the ESA which obviously means the current situation is-not sustainable

5 he will not need to see Atos, surely if it is simply the case of linking the claim?

In conclusion I’m unsure which type of ESA he was on but I’m sure it falls within the category of not needed to attend any support group. He hasn’t needed to supply an updated Dr’s note to Atos or the dwp. I have not phoned the ESA yet on his behalf as I’m not sure if I’m up to the task. But the idea is I would like to get the ESA up and running the way it was before, but obviously to try and get him some type of support group as well. Can anyone help? As the 12 week cut off period is looming? Thanks
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Comments

  • TELLIT01
    TELLIT01 Posts: 18,184 Forumite
    Part of the Furniture 10,000 Posts Name Dropper PPI Party Pooper
    There is a linking period but he still has to make a Rapid Reclaim. The claim isn't simply reactivated by making a phone call, there are forms to complete as you had guessed. Assuming the claim does fit the criteria for Rapid Reclaim he will automatically be put back into his previous group and will not need to provide medical certificates.
  • NYM
    NYM Posts: 4,066 Forumite
    Tenth Anniversary 1,000 Posts Photogenic Combo Breaker
    Have a look through this to see if it can be of any help...Benefits that stop or are suspended....
  • selfless1
    selfless1 Posts: 17 Forumite
    thank you so much TELLITTO1 . just to (reiterate) he is classed as a remand prisoner because he was not given a custodial sentence. He is currently serving a suspended sentence.

    1What is a rapid reclaim exactly? does it fit in with the 12 week linking period? i.e does he still have twelve weeks or is rapid reclaim less?

    2 what criteria may he not fit? he is in the same situation exactly as before prison?

    sorry for multiple questions but i believe you may save him a lot of trouble? thanks for your help.
  • densol_2
    densol_2 Posts: 1,189 Forumite
    selfless1 wrote: »
    thank you so much TELLITTO1 . just to (reiterate) he is classed as a remand prisoner because he was not given a custodial sentence. He is currently serving a suspended sentence.

    1What is a rapid reclaim exactly? does it fit in with the 12 week linking period? i.e does he still have twelve weeks or is rapid reclaim less?

    2 what criteria may he not fit? he is in the same situation exactly as before prison?

    sorry for multiple questions but i believe you may save him a lot of trouble? thanks for your help.

    He is not classed as a remand prisoner. That is someone who is refused bail and held on remand ( in prison on remand ) until his trial. A prisoner is a prisoner having been sentenced to a term of inprisonment.

    From what you say - Your friend appears to have been convicted and sentenced and is subject to a suspended sentence - nothing to do with remand etc

    Hope this helps
    Stuck on the carousel in Disneyland's Fantasyland :D

    I live under a bridge in England
    Been a member for ten years.
    Retired in 2015 ( ill health ) Actuary for legal services.
  • selfless1
    selfless1 Posts: 17 Forumite
    This is a mistake,from Benefits point of view a remand prisoner is someone who is has been convicted but has not received a custodial sentence. He was on remand and then was RELEASED WITHOUT A CUSTODIAL SENTENCE. Hence a remand prisoner, he is free now!
  • missbiggles1
    missbiggles1 Posts: 17,481 Forumite
    10,000 Posts Combo Breaker
    selfless1 wrote: »
    This is a mistake,from Benefits point of view a remand prisoner is someone who is has been convicted but has not received a custodial sentence. He was on remand and then was RELEASED WITHOUT A CUSTODIAL SENTENCE. Hence a remand prisoner, he is free now!

    Shouting doesn't make you right.:D
  • HB58
    HB58 Posts: 1,787 Forumite
    1,000 Posts Combo Breaker
    You talk about getting your friend 'some kind of support group'. This will be separate from the ESA claim ( the 'Support Group' of which is a misnomer as it does not provide any kind of support other than financial).
  • densol_2
    densol_2 Posts: 1,189 Forumite
    selfless1 wrote: »
    This is a mistake,from Benefits point of view a remand prisoner is someone who is has been convicted but has not received a custodial sentence. He was on remand and then was RELEASED WITHOUT A CUSTODIAL SENTENCE. Hence a remand prisoner, he is free now!

    Im sorry you are incorrect and doing your friend a disservice by advising him incorrectly.

    You say he " is " a remand prisoner.

    He is not now

    He "was" a remand prisoner which is either before conviction or before sentence ( basically its talking about anyone in custody and not free )

    It seems like he was only remanded for 6 weeks - and now he is no longer on remand and free as he has been sentenced ( to a suspended sentence you said ). Therefore he is within the time frame for rapid reclaim as he is back in the community
    Stuck on the carousel in Disneyland's Fantasyland :D

    I live under a bridge in England
    Been a member for ten years.
    Retired in 2015 ( ill health ) Actuary for legal services.
  • TELLIT01
    TELLIT01 Posts: 18,184 Forumite
    Part of the Furniture 10,000 Posts Name Dropper PPI Party Pooper
    Who is right or wrong with the terminology used really doesn't matter that much. Bottom line is that is there is a break of less than 12 weeks between claims it is a Rapid Reclaim and he will go back into whichever group he was in previously.
    He will need to make a new claim for this to happen.
  • densol_2
    densol_2 Posts: 1,189 Forumite
    TELLIT01 wrote: »
    Who is right or wrong with the terminology used really doesn't matter that much. Bottom line is that is there is a break of less than 12 weeks between claims it is a Rapid Reclaim and he will go back into whichever group he was in previously.
    He will need to make a new claim for this to happen.

    Its does a bit because if the OP is advising his friend that he is "currently " a remand prisoner when he isnt, from the helpful link you provided earlier, it excludes remand prisoners from receiving the ESA so he might not rapid reclaim when he can - if you see what I mean :)
    Stuck on the carousel in Disneyland's Fantasyland :D

    I live under a bridge in England
    Been a member for ten years.
    Retired in 2015 ( ill health ) Actuary for legal services.
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