Stopped Employment and Support Allowance Payments

bigshorty40

Hi All

Hoping some of you can help me make sense of, and inform us of our rights with regards my ESA payments being stopped. The reason this came about is very confusing so I will be as brief and informative as I can in respect of the events that led up to the stopping of our benefits. Please bear with me.

Ok, back in September 2014 I started to experience health issue that meant I couldn't work, therefore my employer was paying Statutory Sick Pay (SSP) until such a point where they realised I couldn't work anymore and ceased paying SSP. I then claimed Contribution Based ESA (CB ESA) which I was entitled to, however as I'm sure you are aware the DWP will only pay CB ESA for a certain length of time. I was then put onto Income Based ESA (IB ESA) and as a result was asked to attend a work capability assessment. The results of the assessment was that I was not entitled to ESA as I was capable of some kind of work, so had to claim Jobseekers Allowance (JSA). I appealed this decision and was therefore put onto an assessment rate of ESA awaiting results of the appeal. The appeal decision went against me and was told that I am not entitled to ESA, so once again had to claim JSA. At this point, I knew I was able to appeal this decision again on the grounds of my condition worsening. My health has been deterioating all the time since my issues started so I appealed yet again, these events date back to late 2015. I started to receive letters from the DWP in December 2018 stating that they were unable to pay ESA anymore. When I contacted the DWP to find out why, they told me that there had been a decision made in 2017 by the tribunal services to not award ESA following my worsening condition appeal, and that the DWP had overlooked the decision and not acted on it, and that I had been left on the assessment rate of ESA all this time. At this point I will say that I have kept all paperwork relevant to benefits since my health started to deteriote and I have had no tribunal letters or final decision sent to me with regards my worsening condition appeal. I was also told by the DWP that my claim had only been suspended while senior management investigated what has actually happened. I was also told that there would not be an overpayment due as this would be put down as an administration error. I obviously wanted some answers and one question that sprang to mind was knowing the exact date in 2017 when the tribunal service made it's decision to not award ESA due to my worsening condition appeal. When I asked for the date I was told that they did not have this information, this struck me as being extremely odd, they knew a decision was made in 2017 but couldn't give me an exact date?? I said that was a very vague answer and all I got was "I'm afraid I cannot comment on that". As a result of the suspension of ESA, our housing and council tax benefit was suspended also and we have received no payments of any benefits since the 18th December. Luckily my partner receives standard rate daily living component of Personal Independence Payment (PIP), and I receive both standard rates of PIP daily living and mobility, so we have had some income, but not enough to pay all the rent and bills we have to. Finally I received a phone call from the DWP yesterday to say that senior management had finished their investigations and that I would not be receiving anymore ESA. When I asked what our options were all I was told is that my partner will have to claim ESA for both of us.

So that's the details of my current ESA woes, and we are extremely upset by the fact that this is all DWPs fault, my partner and I have attended appointments when asked to, completed forms when requested, submitted fit notes as and when required, we have done everything that has been asked of us, and the DWP are still entitled to leave us struggling and facing poverty and eviction as and when they want to due to an administration error, I find that unfair and unjust.

I'm hoping that some of you kind, informative people might be able to give me some knowledge, help and advice as to our rights and what we can do now to start receiving some form of income. We are totally lost other than knowing that my partner has to claim for both of us now, we know we wouldn't be able to secure employment, let alone hold a job down with our current health problems. Any help and advice would be very much appreciated, sorry for the essay of a thread and thanks for reading it.

pmlindyloo

Can you confirm that after losing your first ESA appeal you made a new claim for ESA based on a worsening condition and this new claim was not allowed?

You seem to suggest that you appealed the ESA appeal decision based on a worsening condition and was refused?

pmlindyloo

I have a feeling that you are going to have to get some face to face support for this so that someone can look through your paperwork and perhaps even make a telephone call on your behalf to sort this out. Have you access to a CAB with a benefits specialist?

Just a couple of other things.

You could have claimed housing benefit based on a low income as your HB had only been suspended. I believe this can be backdated for a month so it might be worth contacting the council regards this.

Since you are no longer receiving any income based benefits I also believe that unless there is some sort of appeal you can make about the ESA you may have to claim Universal Credit. The only reason you wouldn't have to claim UC is if you are (will ) receive a Severe disability premium with your Housing Benefit.

Very complicated so please wait for other responses to check my thoughts.

poppy12345

It was very difficult to read that 2nd paragraph. Reading through it all, there was no mention of a new claim being made for worsening of condition.

poppy12345

pmlindyloo wrote: »

Since you are no longer receiving any income based benefits I also believe that unless there is some sort of appeal you can make about the ESA you may have to claim Universal Credit. The only reason you wouldn't have to claim UC is if you are (will ) receive a Severe disability premium with your Housing Benefit.

As no housing benefit is being received at the moment then they wouldn't be claiming any SDP. It seems like they may have no option here but to claim UC.


http://www.legislation.gov.uk/uksi/2019/10/made


Taken from the above link.
Restriction on claims for universal credit by persons entitled to a severe disability premium

4A. No claim may be made for universal credit on or after 16th January 2019 by a single claimant who, or joint claimants either of whom—

(a)is, or has been within the past month, entitled to an award of an existing benefit that includes a severe disability premium; and

(b)in a case where the award ended during that month, has continued to satisfy the conditions for eligibility for a severe disability premium.”

bigshorty40

I appreciate that it makes difficult reading, for which I apologise, perhaps if I bullet point facts it might make things a bit clearer.

- Put on IB ESA at start of 2015, after Statutory Sick Pay and CB ESA
- Work assessment stated fit for some type of work so had to go on JSA
- Appealed this decision, however tribunal decision stated was not entitled to ESA so put back on JSA
- Appealed this decision due to worsening condition
- Left on assessment rate ESA ever since.
- Told in December 2018 that a decision was made by the tribunal service not to award ESA following the worsening condition appeal appeal, however not actioned by the DWP until recent weeks.

I hope that makes more sense than the essay I wrote. I do not recollect having to start a new ESA claim due to a worsening condition, but could well have done.

On a plus note, I have just had news that the council are going to pay housing and council tax benefit again, so thats a bit of a weight off the shoulders.

poppy12345

bigshorty40 wrote: »

- Appealed this decision due to worsening condition
- Left on assessment rate ESA ever since.

This part is what is not being understood. Did you re-apply for ESA due to worsening condition? You can't appeal a decision to a Tribunal because of worsening condition. You have to re-apply for ESA.


Ok re-read what you said, my mistake. You must have re-applied and this what you need to find out. Others will comment i'm sure.

bigshorty40

Ok, well I must have made a new ESA claim due to the worsening condition, if I tried to appeal the original ESA claim tribunal decision due to a worsening condition then surely the DWP advisor I spoke to would have said I'm not allowed to do that.

bigshorty40

Looking back I'm pretty sure I did re-apply for ESA due to a worsening condition. I remember something about there having to be a certain amount of time left in between claims.

pmlindyloo

Since you are now back on housing benefit with, presumably, the Severe Disability premium, you will not have to apply for Universal Credit.

So that means you will have to make a new claim for ESA based on a significantly worsening condition or your wife needs to make a claim in her name.

Without knowing your disabilities it is hard to suggest which one would be the right route to take.

Have you looked at the ESA descriptors to see where you think you or your wife would score points?

Again. I believe you are better off taking all your medical evidence to CAB/welfare advisor and asking for them to assess each of you. To save time you could start the application for you and your wife - i.e get the forms sent to you so you are ready to complete them based on the feedback from CAB/welfare advisor.

Perhaps someone knows whether you could actually put in two ESA applications - one for you and one for your wife?

bigshorty40

Ok thanks for the info and help, I really appreciate it.

From the telephone conversation I had with the DWP advisor yesterday when I asked them of what we can do next, I was left with the impression that I'm actually unable to put in a new claim for ESA, and that my partner would have to claim.

Any reason why this might be the case or should I be entitled to submit a new claim?