Urgent ESA appeal cancelled THREE times!

Bnaden

My ESA (then housing benefit/council tax benefit) was stopped at the start of August- over six months ago. I do permitted work term time only, as and when I can function. The new VEP department looked at my accounts and disallowed the majority of my self-employed expenses which have been accepted for the last 20 years by ESA. HMRC.my accountant. This new VEP department have obviously been given instructions/incentives to get as many disabled people off ESA as they can. Once my benefits were stopped, my council tax doubled as I was then classed as a standard self employed worker. I had no work as it was the summer holidays, and no income from work until the end of September two months away. If it wasn't for PIP I would now be dead. Not exaggerating. I have had THREE appeals cancelled at the last minute. The documents which I sent in for my bundle were photocopied all in the wrong order, and NINE of the documents were missing, including my contents page and my 4-page main argument. How can any judge make any sense of that?! I have tried and tried to get the court (Ashford) to remove the bad photocopies, and I have re-sent them again (re-typed, since my yellow highlights did not come out, of course, on their black and white photocopier). Since then I have sent more information over, my MP has written letters, I still have no idea what sort of mess of documents will be sent over to the judge. 
I was in the support group, I get the top levels of PIP and have the severe disability premium (now vanished along with everything else). My health is deteriorating at a remarkable rate. I have heart palpitations which keep me awake, and anxiety- which I have never had before in my life (I am 50). My hEDS arthritis has now got so bad that I can't use my wrists, and my job relies on this. I have not ordered my medication in 6 months as I cannot afford to pay for the prescriptions. I am so angry that the court has been so inept but also livid at the way that they have treated someone like me, who is classed in the most vulnerable bracket there is. I am single and live alone. My family live abroad. I really feel like I am on the edge. Any advice will be gratefully received. 

Alice_Holt

Once the appeal has been accepted by the Tribunal Service, in some circumstances ESA can be paid at the assessment rate.
Has this happened?  If not ring the ESA line and ask them about re-reinstating ESA payments.
Why exactly did your ESA stop?  Did you fail a WCA?
I don't fully understand the comment about disallowing self-employment expenses. Were you perhaps over the permitted work limit for earnings?
If so for what period?  Be aware that "If you were to earn more than the limit in any one week, you would not be entitled to ESA for that week."

HB can continue to be paid if you complete a nil income form with your council.   
Have you done this? If not contact your HB dept asap.

Complete a HC1 form to get your prescriptions
https://www.nhs.uk/using-the-nhs/help-with-health-costs/nhs-low-income-scheme-lis/

What do you mean by "the new VEP department". I don't recognise this acronym.

The people to contact about a confused submission is the Tribunal Service, not your local court at Ashford. The address / telephone numbers will be on their letters.

Have you contacted your GP about your health?  
Have you approached your local advice agency about helping with your ESA appeal?

The tribunal service (TS) have very long appeal waits due to the volume of appeals, there is little you can do to speed up the process.
Are the TS wanting to get your medical records?
Why were 3 appeal dates cancelled?   I would caution against getting angry with the tribunal panel when your appeal is heard - your verbal evidence needs to be to the point, clear and compelling. Remember they are independent of the DWP whose decision you are challenging.

What is the case you are presenting to the TS?  Why was the DWP decision wrong?
Can you tell us this in clear and straightforward terms, please.

Bnaden

Many thanks for your reply- here are some answers.
Once the appeal has been accepted by the Tribunal Service, in some circumstances ESA can be paid at the assessment rate.
Has this happened?  No. I asked and they said I had earned too much from permitted work. I am well below the permitted work earnings, but the VEP (Verify Earnings and Pensions team) looked at my accounts and decided that 'many of the categories which had always previously been allowed, were now no longer allowed. This therefore made my earnings go over the permitted level of £131.50 by £24 per week. 
Therefore my ESA was stopped. The VEP admitted their rules were new, that I wouldn't have know anything about it, that their expenses differed from the HMRC rules (they don't, or if they do, they are not published anywhere). They wouldn't even let me pay back what I supposedly owed. They stopped my ESA dead, just as the summer holidays started- and I only work term time. 
If so for what period?  Be aware that "If you were to earn more than the limit in any one week, you would not be entitled to ESA for that week." That only works if you are paid weekly. My self employed earnings are worked out at the end of the financial year.

HB can continue to be paid if you complete a nil income form with your council.   
Have you done this? If not contact your HB dept asap. Yes, my housing benefit was reinstated.

The people to contact about a confused submission is the Tribunal Service, not your local court at Ashford. The address / telephone numbers will be on their letters. Thank you- I will. 

Have you contacted your GP about your health?  Yes and they have written me a letter which is part of my appeal. But that was several months ago and my health is worsening. 
Have you approached your local advice agency about helping with your ESA appeal? I have help from a local councillor. I have had CAB advice too. But there's not a lot they can do. 

The tribunal service (TS) have very long appeal waits due to the volume of appeals, there is little you can do to speed up the process. I accept that, but I was given an urgent hearing in October. It hasn't happened yet due to them cancelling it three times, each for really spurious reasons! 
Are the TS wanting to get your medical records? No, it's not a medical case. Just about earnings. 
Why were 3 appeal dates cancelled?  1) The court cancelled the first one, no reason given. I think they realised it was a complicated case and needed more time to look at the documents.
2) The second was cancelled by the DWP as the person who was planning on attending couldn't make that date. 
3) The third one I was phoned up the day before and told I had been put on the wrong list- medical cases as opposed to other cases. So an admin error. 

 I would caution against getting angry with the tribunal panel when your appeal is heard - your verbal evidence needs to be to the point, clear and compelling. Remember they are independent of the DWP whose decision you are challenging. Yes thankyou, I will make sure I stay calm!

What is the case you are presenting to the TS?  Why was the DWP decision wrong? The expenses they removed are allowable by law and always have been according to my union, HMRC and my accountant. They have removed them IN ORDER to push me over the limit and stop my ESA. It's truly horrible. I've always earned way below the allowed limit and it feels like they are doing this just to get brownie points from this new VEP department. 

Thanks again, please do let me know if you have any other thoughts!

pmlindyloo

Are you working at the moment?

Alice_Holt

Thanks,
I wasn't aware of the VEP unit. 
As your appeal will be on technical grounds, this DM guide is worth looking at carefully:
   https://www.communities-ni.gov.uk/sites/default/files/dmg-vol9-chapter50.DOCX
In addition to the definition of allowable expenses contained in this (para 50190 on), you may wish to look at para 50051 and the assessment period - to see if you can argue for a different period of time over which to average self-employed earnings which might take you under £131pw.

"The expenses they removed are allowable by law and always have been according to my union, HMRC and my accountant. They have removed them IN ORDER to push me over the limit and stop my ESA"
What expenses have been removed, and why?  How does their decision compare to the list in para 50206?
Has your accountant written something for the tribunal explaining why they should be allowed?  i.e. they were -
" wholly and exclusively for the purposes of the business and

paid out during the assessment period and

reasonably incurred (see DMG 50198) and

an allowable expense (see DMG 50206)."

Alice_Holt

Just wondering why your assessment period is one year, when you only work term time.
See if you can get advice on this - as arguing for a shorter assessment period could mean you may be able to receive ESA in the holidays.  But it would increase earnings during the weeks you work.
It will hinge on how strong the DWP case is vs your case.
If the tribunal decide the DWP decision is correct and they have applied the regs correctly, then you may wish to go on to argue that the assessment period should be shorter - that way the tribunal may be able to decide ESA was due to you in the summer months. So, a two stage submission - 1) The DWP should follow HMRC and your accountants view on allowable expenses.   2) If the tribunal uphold the DWP - then should the assessment period be shorter.

However, a shorter assessment period will result in increased earnings over that period - so you would have to balance this for future periods. And manage your work accordingly so not to get caught in this trap again - Self Employed Permitted Work & ESA can be very tricky. 

Bnaden

I think VEP is run by Capita- an independent business employed by the DWP rather like ATOS was? I may be wrong. But their purpose is to crack down on fraud and benefits wrongly claimed. ie- get the most vulnerable people off benefits. Look to the people who have the lowest incomes and see how they can be made lower. 
Thanks for the link- I have three versions of that document and they all say the same thing. The only relevant expenses that stand out as not allowed are food and business entertainment. These are allowed by HMRC but not ESA. All the others in the list don't affect me, I haven't claimed them. What I have claimed are things like travel (my home is my base/office and I have to travel to give workshops on a random basis, all over the county). Also a whole category of things that I have bought solely for business use. Also use of home as office- that is a basic £4 per week allowed to all self employed people who work/prepare from home to some degree. None of those things are listed on the document above or the other versions I have found (I enclose three in my appeal).
Yes, I have a letter from my accountant too. He thinks they are being over-zealous and heavy handed. 
The trouble with a shorter assessment period as you say, is that my earnings would be spread over a shorter time and I risk going over the limit. I don't think they would buy this either, since all self-employed accounts are sent in and dealt with every year. It would also mean that if I was to get any work over the summer (it rarely happens, but if I did), it would cause problems.
I am wondering whether I should instead go onto Working Tax Credit. At least they want me to work! Only issue would be that I really am very disabled and getting worse. If I couldn't leave the house at all or had to have an operation, I would have nothing to fall back on - hence why ESA really is the most appropriate thing for me to be on. 
Yes, I am still doing my 3-4 hours per week work as and when I am able to physically. Right now if I wasn't dragging myself to my jobs I would have been evicted for sure. 

calcotti

Bnaden said: appeal).

I am wondering whether I should instead go onto Working Tax Credit. 

You cannot go on to Working Tax Credits (unless you already get Child Tax Credits). For new claims Tax Credits are replaced by a Universal Credit.

Bnaden

Calcotti - I get severe disability premium so I am eligible for WTC at the moment. 

calcotti

Bnaden said:

Calcotti - I get severe disability premium so I am eligible for WTC at the moment. 

Apologies, I overlooked that in your opening post.

Galloglass

Can't post a link but VEP is not new. If you google it, you get this. 

7. The Verify Earnings and Pensions (VEP) service (previously known as WURTI) was delivered to all LA sites during 2017; introducing the ability to access HMRC’s Real Time Information (RTI) database which holds payroll data from employers and pension providers.

18. The next stage of delivery has now begun, with the introduction of the VEP Alerts service, which commenced rollout to LAs from 18 June 2018. The VEP Alerts will help to reduce fraud and error in the existing non-passported HB caseload as notifications will be issued directly to the LA when a claimant or their partner starts work or starts to receive a work’s pension. LAs will also be notified when there are changes to a claimant’s or their partner’s income.

19. The service is being delivered to all LAs in 5 tranches, over 4 months. To date 282 authorities have implemented the service with the remaining 99 sites due to receive the service from 28 September 2018 (this includes Northern Ireland sites).

20. The introduction of the VEP Alert service means RTI referrals are being replaced, as Alerts will provide real-time notification of changes in income, rather than provided at a point in time.

....etc