ESA been stopped

kkkklinky

It seems that ESA have balled up massively. I received a letter from the council stating that my HB has ended due to me and my partner no longer getting ESA. I contacted them and they claim that my ESA has ended because claiming Carers Allowance is a change of circumstances that requires a move to UC. This is complete and utter rubbish and just an excuse to force people onto UC. Anyone got any advice..this whole situation is getting beyond a joke now and I have posted previously about my issues with ESA regarding them not updating the system resulting in me now being overpaid due to CA even though they been notified 3 times.

I wish I had never claimed CA. Should I just claim UC or should we get our ESA reinstated.

marcia_

 You are right claiming Carers allowance is not a change which forces a move to universal credit. 

However if they have really closed your esa claim I'm not certain there is a way to get it reinstated because new claims are not possible. 

MattMattMattUK

kkkklinky said:

It seems that ESA have balled up massively. I received a letter from the council stating that my HB has ended due to me and my partner no longer getting ESA. I contacted them and they claim that my ESA has ended because claiming Carers Allowance is a change of circumstances that requires a move to UC. This is complete and utter rubbish and just an excuse to force people onto UC. Anyone got any advice..this whole situation is getting beyond a joke now and I have posted previously about my issues with ESA regarding them not updating the system resulting in me now being overpaid due to CA even though they been notified 3 times.

I wish I had never claimed CA. Should I just claim UC or should we get our ESA reinstated.

As far as I am aware there is no way to get ESA reinstated, so you will need to start a UC claim, you would be moved to it anyway at some point. 

Rubyroobs

You could ask for a mandatory reconsideration on the decision to close the ESA claim. This issue is that if you voluntarily make a claim for UC you would miss out on any transitional protection that you would get if you are sent the managed migration letter. As above everyone on ESA will be moving to UC soon but you don't want to be forced to do that prematurely. 

HillStreetBlues

marcia_ said:

 You are right claiming Carers allowance is not a change which forces a move to universal credit. 

However if they have really closed your esa claim I'm not certain there is a way to get it reinstated because new claims are not possible. 

It won't be a new claim thou, it should be a continuing claim.

marcia_

HillStreetBlues said:

marcia_ said:

 You are right claiming Carers allowance is not a change which forces a move to universal credit. 

However if they have really closed your esa claim I'm not certain there is a way to get it reinstated because new claims are not possible. 

It won't be a new claim thou, it should be a continuing claim.

 Agree it should be but if it has been closed it will be a new claim?

HillStreetBlues

I would also contact your local MP, staing you have been left without any money because of this error.
 

marcia_

HillStreetBlues said:

I would also contact your local MP, staing you have been left without any money because of this error.
 

  Definitely this something needs to
be done asap because a mandatory reconsideration would take weeks as would a UC claim.

kkkklinky

I don't think transitional protection applies to us since we don't get the SDP, in fact we would be about £100+ a month better of on UC. It's the fact we have been kicked off our benefit without warning that has annoyed me and we won't recieve our ESA on Wednesday or a very small amount(luckily he gets his PIP on the same day)even the call agent when we phoned said it was a load of rubbish.

Will my partner have to go through the WCA again, he was in the Support Group?

Alice_Holt

HillStreetBlues said:

marcia_ said:

 You are right claiming Carers allowance is not a change which forces a move to universal credit. 

However if they have really closed your esa claim I'm not certain there is a way to get it reinstated because new claims are not possible. 

It won't be a new claim thou, it should be a continuing claim.

  Quite right.

(Also the comment by Matt is inaccurate and potentially misleading) 

 
 
 OP - As Rubyroobs says a MR is required to challenge the incorrect DWP decision.

    Use the UC calculator to establish how UC would compare with ESA.

    Getting HB re-instated may prove tricky - so write to your council to request this and copy in your ward councillor (citing all the circumstances & your very difficult financial situation).   

   Also keep ringing ESA and try to get transferred to a sensible DWP manager.

  Put in a DWP complaint and copy your MP.

  See if your local advice charity can help - they sometimes have a link with the DWP relationship manager who may help to resolve the error.


Even if you decide to claim UC - I'd persist with the MR route to get at least some of the ESA due back.
(And I'd persist with HB -through your councillor - to get the lost HB and 2 week run on paid).
     

kkkklinky

I don't think we are going to appeal the decision, it's likely we would of received our migration letter this year anyway and we will be financially better off. I will definitely try to get back any missing ESA though.

We are extremely lucky that we have £3500 in savings which we can use while the transition takes place.