DWP still not responded 4 weeks after HMCTS deadline

pltuck

Hi,

It's a bit complex (isn't it always?) so bear with me.

I have been in receipt of ESA since 2014. In November 2018 I was awarded 0 points by my latest assessor. In November 2018 I was also made homeless and was sofa surfing until January 2019. At this time I was still receiving ESA. The ESA decision date declaring that I did not have a limited capability for work was in early January. I naturally started the appeal process.

At the same time I managed to secure a property via a local council scheme, but due to the rollout of UC I was now unable to claim for HB and CTB separately and had to move over to UC.

In May 2019 I had my initial UC assessment. In June 2019, I was awarded "limited capability for work" by that UC assessor. In short from 2014- Jan 2019 I had LCW. In Jan they decided I didn't have LCW, and in June they decided that I did have LCW.

I attended a HMCTS tribunal in July 2019, which was adjourned for them to see the latest report and assessment from UC, which was also to be sent to me by DWP. The HMCTS gave a deadline of 25th July 2019.

I have still not heard a peep from either DWP or HMCTS on 20th August 2019.

So, my question is what do I do now? Can the DWP just delay this indefinitely by dragging their feet on a HMCTS court order? I have tried to find contact details of HMCTS but have not found the details of the tribunal court, only the court building (which doubles as a magistrates court).

Also, I am now living on £60 a week and have been since January because of the weird and wonderful rules when transferring to UC and as it stands I was not continuously receiving ESA before moving to UC solely due to this single anomalous assessment where I was given 0 points. Should my appeal be successful will I get back-payment from Jan and the LCW extra £126 per month as if it wasn't for that single "null points" assessment I'd have been in continuous receipt of ESA prior to claiming UC and would be getting £126 a month extra?

Phew. Thanks for reading. Any advice welcomed

KxMx

I would contact your MP to see if they can get things moving.

[Deleted User]

Is there a contact at HMCTS related to your case you could get in touch with?

pltuck

Not that I can find. I have names but no email addresses. I have an advisor at CAB helping me with it but they are on holiday for 2 weeks now.

I think I'll email my MP, although I'm really not expecting anything from him. I once got sanctioned a months money for not going to an appointment that I didn't even know I had, putting me in quite severe financial straights, having to use food banks for the first time in my life (I am nearly 50). My MP wasn't interested.

Thanks for the responses.

calcotti

pltuck wrote: »

I have tried to find contact details of HMCTS but have not found the details of the tribunal court, only the court building (which doubles as a magistrates court).

Are the contact details not on the letter(s) you have received from them?


Otherwise see bottom of this page https://www.gov.uk/courts-tribunals/first-tier-tribunal-social-security-and-child-support

calcotti

pltuck wrote: »

Should my appeal be successful will I get back-payment from Jan and the LCW extra £126 per month as if it wasn't for that single "null points" assessment I'd have been in continuous receipt of ESA prior to claiming UC and would be getting £126 a month extra?

Yes. You should get both.