EAS stopped for Universal Credit

cheekyreddevil

Hi, hoping someone can help..

In 2019 I had to go for an assement with regards to my EAS benefit.. I got a letter 10 days later saying I had got 0 points, so EAS benefit would be stopped with imediate effect and I had to sign on with Universal Credit. At the back of the letter it said I could appeal against this decsion if I wanted.

I sent my appeal off and went to sign on with Universal Credit.

The woman asked why I was signing on, so I told her about the above and she said she had never heard of this from the DWP, shown her the letter and she said oh well good luck with the appeal..

I had my appeal in March 2020, one week before full lockdown. I won got 15 points, was told the DWP would be in touch within 4-6 weeks. Course we went into full lockdown so heard nothing...

I rang them in August 2020, was told that as I was on Universal Credit, speak to them as it is nothing to do with them, I mentioned the appeal that I had won and he said 'oh you had an appeal on universal credit, oh I will get someone to ring you'..

Nobody did ring me..

I phoned again in October, again told to contact Universal Credit in my journal... I contacted them in my journal and got a message back saying ask my work coach, asked my work coach, who said you best ring the DWP as it is nothing to do with us, as as far as they are aware I am fit for work..

Here I am running round in circles now and my work coach is saying I need to find work even though I am sending in sick notes with my condtion getting worst...

What I am trying to find out is:

1) can the DWP take EAS off you when you are appealing the decision?

2) Was my appeal all for nothing now??.

3) Anyone know which way to turn next??.

Thanks in advance guys and sorry for the long post....

poppy12345

When you say you were awarded 15 points which group were you placed into the Support Group or WRAG? for the Support Group, it's not about scoring points, this will be WRAG. If it's WRAG did you start your ESA claim originally start before or after April 2017?

calcotti

cheekyreddevil said:
1) can the DWP take EAS off you when you are appealing the decision?

2) Was my appeal all for nothing now??.

3) Anyone know which way to turn next??.

1) Under the rules at the time your ESA would have stopped while you were waiting for a Mandatory Reconsideration. If you did nothing ESA should have been reinstated when you appeal to the tribunal service was lodged. However if during the mandatory Reconsideration you claimed UC then the ESA would not be reinstated.
2) We don't have enough information to answer that. it depends on the answer to poppy's questions.
3) That also depends on the answer to poppy's questions.

When you were on ESA were you getting solely income based ESA or was some of your ESA contribution based?

Alice_Holt

If you had been in receipt of ESA continuously between before April 2017 and your flawed assessment in 2019, then the DWP owe you money.  Could you answer the question's poppy and calcotti have posed.

Have you the Tribunal Decision notice?

When the tribunal decided you should have been assessed as in the WRAG (or Support ?) Group, that decision should have also applied to your UC award.  As, effectively (and retrospectively), you were in receipt of ESA when you applied for UC. 

I would suggest you see if your local advice charity can help you make the DWP recognise that you should be treated as unfit for work, as a consequence of the tribunal decision.

calcotti

Alice_Holt said: I would suggest you see if your local advice charity can help you make the DWP recognise that you should be treated as unfit for work, as a consequence of the tribunal decision.

I was thinking only of the money when I posted earlier and overlooked that crucial aspect of it.

sammyjammy

Just to add for future reference all of these people you have spoken to work for DWP.

cheekyreddevil

poppy12345 said:

When you say you were awarded 15 points which group were you placed into the Support Group or WRAG? for the Support Group, it's not about scoring points, this will be WRAG. If it's WRAG did you start your ESA claim originally start before or after April 2017?

Hi Poppy

Thanks for getting back to me..

On my decision notice from the tribunal it says I have Limited capability for work related activity.

From January 2012, I was paid ESA at the assessment rate of £73.10 a week

From September 2018, I was paid ESA of £102.15 a  week

(Reason for 2012-2018 was I had put in an appeal as they said I had 0 points in December 2011 and in October 2018, I got the letter from DWP saying:

We have looked at your case and unfortunately DWP and her majestys courts and tribunal service cannot find an outcome for your appeal against being fit for work.

As we cannot find an outcome for your appeal we have decided that you have not been fit for work from the date your ESA was disallowed which was 27th January.

Please accept our apologies that we did not look at your case sooner..)

cheekyreddevil

calcotti said:

cheekyreddevil said:
1) can the DWP take EAS off you when you are appealing the decision?

2) Was my appeal all for nothing now??.

3) Anyone know which way to turn next??.

1) Under the rules at the time your ESA would have stopped while you were waiting for a Mandatory Reconsideration. If you did nothing ESA should have been reinstated when you appeal to the tribunal service was lodged. However if during the mandatory Reconsideration you claimed UC then the ESA would not be reinstated.
2) We don't have enough information to answer that. it depends on the answer to poppy's questions.
3) That also depends on the answer to poppy's questions.

When you were on ESA were you getting solely income based ESA or was some of your ESA contribution based?

Hi Calcotti

See what I have put to Poppy, hope you can make sense of it...

calcotti

If I’ve understood the narrative correctly.
Claimed ESA in 2012.
Retrospectively put in ESA WRAG.
In 2019 found Fit for Work.
Claimed UC while waiting for ESA MR.
Subsequently appealed ESA decision to tribunal service. That decision has placed you in the WRAG again.
You are therefore entitled to have the LCW element (£128.89/month) included in you UC calculation (backdated to the start of your UC claim). 
You will also, incidentally, be entitled to some arrears of ESA for any gap between your ESA stopping and claiming UC.

cheekyreddevil

calcotti said:

If I’ve understood the narrative correctly.
Claimed ESA in 2012.
Retrospectively put in ESA WRAG.
In 2019 found Fit for Work.
Claimed UC while waiting for ESA MR.
Subsequently appealed ESA decision to tribunal service. That decision has placed you in the WRAG again.
You are therefore entitled to have the LCW element (£128.89/month) included in you UC calculation (backdated to the start of your UC claim). 
You will also, incidentally, be entitled to some arrears of ESA for any gap between your ESA stopping and claiming UC.

Yes that is about right...

calcotti

I think you need to get ESA to acknowledge the tribunal decision and confirm that this means that at the time you claimed UC you were entitled to ESA WRAG. This will then establish your entitlement to the LCW element from the start of the UC claim.