No longer eligible for ESA (Contribution based - support group)

Muttleythefrog

AdamPD said:

I also had to have two medical assessments, one for UC, the other for ESA, which seemed odd and again, unnecessary stress I didn't want.
Once I was entered into the support group at ESA I reapplied for UC.
I hadn't heard anything from the DWP since that time, until this incident.

This shouldn't have happened either... the assessment decision applies to both benefits... carries to the other.

I do think you've received (and followed) some erratic advice in past from not necessarily people who are well placed to advise and then on top of that you've thrown in your own erratic responses to events and seem to probably be repeating that now. Unfortunately in the face of sound strategic advice you seem to want to act otherwise and this is hard to explain when you've followed benefit advice from a GP but it may explain why this mess seems to have escalated or never been resolved while you try to black box fix it.

As Alice suggests.... someone well placed to grab a handle on all this mess and try to make sense of it may be necessary if seeking clarity and truth and therefore what is necessary to get payments corrected and benefit claims clarified.

Alice_Holt

AdamPD said:

Ah sorry for the confusion, but the deduction added to UC because I was claiming and being paid ESA up until the end of July.
So I'm confused why I would need to dispute it? Sorry for not understanding.

      That makes no sense as you posted earlier that "My UC payment came through with the ESA deduction on the 5th and I'm still waiting for a response/update on the ESA removal bit"

      As I understand your ESA payments have stopped, but UC are continuing to reduce your UC payments on the assumption that your ESA is still in payment?  

  Can you detail your page from your UC journal showing how your latest UC payment was calculated?

This is likely too complex for a forum. If my understanding is right, you need to seek advice and get help to challenge the UC decision to reduce your payments (if this is what is happening) via a MR.  

AdamPD

Oh yea, it's only been one payment where the deduction is still being taken off
I've contacted them about it twice by phone and the last update I had, was on the 31st of August saying it was being looked into.

This is what the payments statement says:

Standard allowance

£368.74

You get a standard amount each month. You said you're single

Limited capability for work and work-related activity

£390.06

You said your health affects you at work or prevents you from working

Total entitlement before deductions

£758.80

What we take off (deductions)

Take-home pay

Earnings reported by your employer

£447.72

The amount we'll use to work out your Universal Credit is £447.72

Your total take-home pay for this period is £447.72

The first £631.00 of your take-home pay doesn't affect your Universal Credit monthly amount. Every £1.00 you earn in take-home pay over this amount reduces your Universal Credit by 55 pence.

Other benefits

We take money off your payment

As this is an average of other benefits that you're continuing to claim

Employment and Support Allowance

minus‑ £561.17

Total deductions

minus‑ £561.17

Your total payment for this month is

£197.63

Alice_Holt

"Other benefits

We take money off your payment

As this is an average of other benefits that you're continuing to claim

Employment and Support Allowance

minus‑ £561.17

Total deductions

minus‑ £561.17"

But you are not actually receiving ESA, now ? 

So you are being paid £561.17 too little each and every month.

This is why you need to seek advice and get help to challenge that UC decision (via a MR) to reduce your payments for a benefit you are no longer receiving.

You can request a MR whilst UC are looking at it. I wouldn't wait for UC to (topical allusion) get off their backsides and sort it out, the likelihood is that they might refer you back to ESA anyway. 

A MR is looked at by a DWP decision maker, so may be more likely to succeed - you will need to supply evidence of when your ESA payments stopped  (see my post of 30 Aug).

There are a couple more things I could suggest:
i) On your UC journal explain that the erroneous cumulative deduction of £1,122.24 (?) is causing you severe financial hardship and ask that your case manager looks at it.

ii) See if the benefit adviser at your local advice charity can do a pre-action judicial letter - https://cpag.org.uk/welfare-rights/judicial-review/judicial-review-pre-action-letters

iii) Copy your UC MR to your MP and ask them to intervene with the DWP to sort this out.

iv) The benefit adviser at your local advice charity may have a contact at the local JC, so they may be able to raise your issue with the UC partnership manager.

AdamPD

The total deduction is £561, vs £1122.24
But yea I'll do the MR tonight and send it off. Thank you Alice!

Alice_Holt

AdamPD said:

The total deduction is £561, vs £1122.24
But yea I'll do the MR tonight and send it off. Thank you Alice!

   Yes thanks. I've corrected my post.

   

AdamPD

You're a star, thank you for all the advice.

Alice_Holt

AdamPD said:

But yea I'll do the MR tonight and send it off. 

       I think you'd have a better likelihood of sorting this, if you can get help with it.

AdamPD

Gave them a call again today, as it's been 8 days since the last message saying they were going to investigate.

Do the people on the phone work from home or something? Had this lady who was clearly eating/drinking whilst trying to talk to me and coughing, it was really odd.

After around 10 minutes of checking things, she said they haven't calculated the money owed yet and I basically have to wait to get a response, despite me mentioning several times I'm out of pocket by quite a large sum of money (at least for me).

AdamPD

31 Aug 2023 at 11:33am

Hi Adam,

We are looking into removing the ESA deduction.

I will update you soon if any underpayment is due,

Charlee

--

17 days later and still no payment or update.
I've called up 3 times now and everytime they say the same thing, it's been passed on, is being investigated, I'll get a manual payment, but no time frame.
I've asked for it to be escalated, but apparently it already is.
It's coming up to two months without a payment from ESA now and whilst I'm (somewhat) confident they will actually pay the money, going for two months without that money is really stressful.
I'm down to about £200 in my account and won't have another UC payment until the 5th.