Bad advice from JCP - recourse
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dori2o
Posts: 8,150 Forumite
My Dad is 65 in July and has been on ESA for a few years due to chronic illness which has been caused because of the physical work he was doing for 45 years prior to being forced to stop by his doctor.
My Dad wanted some advice re pension credit/AA etc once his state pension kicked in.
The person at JCP told him that it would be easier for him and my Mum to start his claim for PC etc now rather than wait for his SRP to start.
He's followed their advice but now his ESA has been stopped because he's now claiming this alternative benefit.
He wasnt told that this would happen and assumed everything would carry on as normal until he reached 65.
He's been told it will now take approx 14 weeks until his claim is dealt with.
Is there anything he can do to stop this and return to ESA and then apply again after he reaches 65?
If not will his PC claim be backdated?
My Dad wanted some advice re pension credit/AA etc once his state pension kicked in.
The person at JCP told him that it would be easier for him and my Mum to start his claim for PC etc now rather than wait for his SRP to start.
He's followed their advice but now his ESA has been stopped because he's now claiming this alternative benefit.
He wasnt told that this would happen and assumed everything would carry on as normal until he reached 65.
He's been told it will now take approx 14 weeks until his claim is dealt with.
Is there anything he can do to stop this and return to ESA and then apply again after he reaches 65?
If not will his PC claim be backdated?
[SIZE=-1]To equate judgement and wisdom with occupation is at best . . . insulting.
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Comments
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Speak to ESA about this. Will they restart the ESA claim from the closure date, if they get written confirmation that the PC claim has been closed off the date it was started ?
Explain about the JCP advice and see what can be done.The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.0 -
My Dad is 65 in July and has been on ESA for a few years due to chronic illness which has been caused because of the physical work he was doing for 45 years prior to being forced to stop by his doctor.
My Dad wanted some advice re pension credit/AA etc once his state pension kicked in.
The person at JCP told him that it would be easier for him and my Mum to start his claim for PC etc now rather than wait for his SRP to start.
He's followed their advice but now his ESA has been stopped because he's now claiming this alternative benefit.
He wasnt told that this would happen and assumed everything would carry on as normal until he reached 65.
He's been told it will now take approx 14 weeks until his claim is dealt with.
Is there anything he can do to stop this and return to ESA and then apply again after he reaches 65?
If not will his PC claim be backdated?
I believe your dad has already reached the qualifying age for pension credit as it is based on a woman's state pension age.
You can check here:
https://www.ageuk.org.uk/information-advice/money-legal/benefits-entitlements/pension-credit/
If that is the case then I am wondering whether the person he spoke to misunderstood something he said. Maybe he said I don't reach PC age until July?
Usually a claim takes about two weeks to process - hence my wondering......
Before he rings ESA then call Pension Credit and make sure he gives them his date of birth.
If it isn't a mistake then I agree he could make a rapid reclaim for ESA , close the PC claim and then claims when he gets his state pension. If the processing of claims is taking that long then at least he will have his state pension as income. And yes, it can be backdated for 3 months (you need to ask). If he continues to get ESA then it will be backdated to the end of his ESA claim.0 -
Getting Pension Credits claims closed can be a b***** nightmare in my experience from working in ESA processing offices. They often refuse point blank and then the claim has to be processed and managed entirely manually in the ESA office. That could delay reinstatement of ESA payments. Just a heads up, nothing the OP can do to change that system.0
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https://www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs48_pension_credit_fcs.pdf
PC qualifying age is increasing in line with the State Pension age for
women. In April 2018, the qualifying age is 64 and 6 months and by April 2019 it will be 65 and 3 months. The table overleaf shows the first date you can claim PC based on you or your partner's date of birth, whichever is earlier
The OP's father is already of PC age.
The OP mentions Attendance Allowance.
Is father currently claiming DLA/PIP?
https://www.carersuk.org/help-and-advice/financial-support/help-with-benefits/personal-independence-payment0
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