Help please - ESA and HB stopped

Reallyneedadvice

My friend was in receipt of ESA and PIP, he had to go for an ESA medical late last year and this week has been told that he only got 1 point. His ESA, Housing Benefit and CT support have all now been stopped. He's asked for a mandatory reconsideration for the ESA and has been told this can take up to 6 months.

The council have said that his HB will remain suspended until the ESA issue is resolved, so that's potentially six months of no rent being paid and the Housing Association have said they are not willing to wait that long and they will commence eviction proceedings.

I've had a Google and from what I read ESA has nothing to do with council tax and if he tells the council what's happening his HB should continue to be paid, so why are the council denying this?

He's still getting his PIP as early last year he got 15 points for that but this is not enough to pay rent and live on. Subsequently he's very upset, angry and worried about being made homeless. The trouble is I'm only getting his version of conversations he's had on the phone and no offense intended, but he's a bit simple, doesn't understand things and loses his temper.

I would call the council myself for him but I work full-time and by the time I finish work and get home they are closed. Is anyone able to help or give any advice as to what to do?

Thank you.

NeilCr

This is from the CitA site and tells you about mandatory reconsideration

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/challenging-an-esa-decision/

Personally, I’d be surprised if it took 6 months but I’ve been on a sabbatical so things may have changed.

At the bottom is a link to information on other benefits in this period. It explains what can happen re HB and what to do

Is it worth him going to CAB or a welfare rights organisation for help and advice?

Reallyneedadvice

Thank you for your response. That's where I got my information from but the council are saying no and his HB/CT will remain suspended. If they're refusing to reinstate it I'm not sure what else we can do.

NeilCr

Reallyneedadvice wrote: »

Thank you for your response. That's where I got my information from but the council are saying no and his HB/CT will remain suspended. If they're refusing to reinstate it I'm not sure what else we can do.

Get him to go to CAB with the paperwork.

Alice_Holt

HB can be paid during an ESA appeal.
Normally, this involves completing a "nil-income" form.

"but the council are saying no and his HB/CT will remain suspended. If they're refusing to reinstate it"

Possibly, they are asking for more info which your friend has yet to supply?
Or it has been suspended for another reason other than his ESA ceasing.
Has your friend shown you the correspondence?
Has he access to an advocate / family member/ MIND etc

I'd second Neil's suggestion.

If the council are indeed being awkward, then your friend may wish to contact his councillor / council head of revenue.
Possibly his Housing Officer may be able to help?
It is possible to appeal against a decision to end HB - his CAB will be able to advise.

Once his ESA is lodged with the Tribunal Service payments can resume pending the appeal hearing (in most cases).
So, it's sensible to get to that stage asap.
Again his CAB will be able to advise.
http://www.cpag.org.uk/content/benefit-during-employment-and-support-allowance-dispute

epitome

ESA Man Recon rarely take longer then 2 weeks

Phone ESA and submit MR over the phone - verbally - if already done that... phone ESA and confirm that DMACR (dee-maker) is showing a man recon in progress,... if not take appropriate action ask for a call back as to what is happening re the man recon.

Not all cases are paid on appeal, whas she in wrag or support immediately before this...or did she also fail the last medical she had?

Afraid_of_Kittens

We ask for 2 months bank statements and proof of any income and a letter stating how they are surviving with nil income (using savings, foodbanks, gifts/loans from friends and family) we then pay the claim on nil income and review on a regular basis - the last thing we want to do is make someone homeless by not paying their HB.