Esa review
Comments
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Good luck jram46 hope it goes OK1
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I’ve had my letter! no change! still in support group.
49 weeks from receipt of HAAS letter with esa50 to receiving my entitlement letter.
Pretty tough for a brain injured person to deal with prolonged mental torture.
Anyway I’m happy I can breathe a sigh of relief now.
Thanks for your continued support to everyone involved.
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Hi all. I'm new to this, I only joined as I spoke to scope today with regards to my ESA. My pip was up for renewal in may, I have filled out my renew for, but still waiting on the outcome of that. Three weeks ago I received a form, from what I thought was my pip assessment asking for more info. Then today I have a letter from DWP with regards to my ESA, saying my money has been reduced by £80 a week, due to the fact that my son lives with me. He has always lived with me, he is 25 this year, he works full-time and does not get any carers or anything for helping me. I have called them and was told that he is basically my carer, hence why my money has reduced. Yet for the past five years of getting ESA they have never said that. I have always put down that he lives here. Has anyone else had this happen to them. There is nothing I can do about losing the money, as he isn't claiming any benefit. Thank you
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Seems like your ESA included the Severe disability Premium when it shouldn't have because your son lives with you. To be entitled to this you must live alone or be treated as living alone. If you live with other adults, such as your son then he must either be claiming a qualifying disability benefit or be registered blind.. There are also some cases when you can still be entitled to it if for example you each have a tenancy agreement and are both liable for half of the rent.
If none of those apply then you're not entitled to SDP and your ESA will reduce by £81.50/week.
Do you have proof that you told them he lives with you?
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Yes that is what I was getting the premium. I would have put him down as living here when I first applied, and I had a review 4 years ago, so again I would have put him down. He is registered as living here and has been since we moved here when he was 13. I answered all questions correctly, obviously I do not have the forms, they do. I would have never not put him down. He is also on my pip form as he does a lot for me. But I have no proof at home that I put him down. But I certainly would have not on purposelessly not put him on the form. I have filled in plenty of forms and if asked about who I live with, I would ad him.
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Filling out review forms for the work capability assessment is not the same as telling ESA itself that he still lives with you. Same applies for PIP. You are supposed to report all changes to them as that is part of your benefit claim.
When you first claimed SDP they would have asked you at the time who you live with. If you were still claiming child benefit for him at the time then yes you would have been entitled to the SDP because he would have been a dependent child. Once child benefit ended it was your responsibility to contact ESA and report the changes that child benefit had ended and the SDP would have also ended. If you didn't do that then you now have an overpayment, which will need to be repaid back.
If they contacted you about the issue then something obviously flagged on the system, which is why they sent you that form to fill in and return because they wanted to know who you live with.
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Thats the thing there was as far as I knew, no changes, I never even knew that the living along part existed. And I never applied for SDP, it was just applied after a review of my condition. I had never even heard of the living alone part until today. Hence why I would have never made a call to make changes. I don’t go out of my way to defraud anyone of money. Whenever I filled out any form my son was added. I done nothing wrong
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And I haven’t filled out work assessment forms. Where did I say that. And like I said I wasn’t aware of it.
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I have just been through all my forms and I had a review in 2021, so I’m guessing they would have asked me that question then as well, like they did on this review. And I would have put on that form that he lives here. Either way there’s not much I can do about.
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You said you had a review 4 years ago and a review refers to another work capability assessment.
A child leaving full time education is a change that needs to be reported. SDP is not related to any health condition (other than being registered blind). It's related to living alone or being treated as living alone, no one claims carers allowance or carers element of UC for looking after you.
I didn't imply that you go out of your way to defraud anything or anyone. I'm just advising you of the law.
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My son left full time education 6 years he’s 25 nearly. And has been in full time work since. But like I said I never even knew what it was. I have just been through all my paperwork and nowhere on any of those forms does it tell me I had to report my son not living with me anymore. But thanks for the advice. I’m sure I’ll hear from them at some point.
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He still lives with you. On ESA letters it does say all changes must be reported and leaving full time education is a change. There's no harm in telling them that you didn't realise you had to report that change but I don't know how helpful that will be because of what it says on all ESA letters.
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I do understand what you are saying, but like I said when I first claimed ESA he was working, so I would have put him down as living here, as he always has. I wasn't getting child benefit or any benefit for my son when I claimed, when I had an interview I had to go down there, again they would have been told that my son lives with me. From what I can see, the SDP was added after that assessment. So they was aware that he lived with me. So as far as I was aware there was no changes to report to them. I am just going to have to wait and see what happens. I have spoken to CAB today and they said they have to show that I didn't tell them my son was living here. And provide any proof of it. So I will just have to wait. It's so worrying, I couldn't sleep last night, my anxiety is through the roof, I feel awful. Its not losing the money that is my concern, it's what will happen now. CAB said not to worry until I hear from them, that's easier said than done.
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Your circumstances are completely different. You moved to UC because you were better off and your ESA did not include the SDP anyway, which was why you moved across. Your parents and siblings are not part of your household for benefits purposes.
SDP is different due to the criteria involved.
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