Hi, my name is SusieB! I'm appointee for my disabled son. ESA and UC support

SusieB

Hello 
im appointee for my disabled son, he was on old style esa and stupidly took a job which lasted 4 days. I rang old style esa and was told to put in a mandatory reconsideration, I now know that was the wrong advice. I waited 7 weeks to be told he needed to apply for new style esa which I did and they said he qualified, after a week I was rang to say he should apply for UC. By this time we had gone 8 weeks with no money except his DLA. I contacted my local mp who put a complaint in to Dwp. It came back and said that when I applied to UC I had asked for his ESa claim to be closed, definitely did not happen. So he has gone from 427 every two weeks to 368 a month on UC and having to fill in a UC50. 

This is so unfair and his mental health is suffering.
Any advice would be gratefully accepted 

poppy123456

When he started working did he ring ESA and his claim ended? Was the job more or less than 16 hours per week? 

Do you know if any part of his ESA was contributions based? Or was it all Income Related? 

When he claimed UC this automatically sends a notification to ESA to say that a claim has been submitted. That will then end any Income Related ESA you’re claiming after 2 weeks. However, if his ESA claim had ended anyway then that’s a moot point. 

SusieB

Yes I rang and informed them, he worked 24 hours and he was part contribution based and income related.
i was contact the next day after applying for new style esa to say he was eligible to claim it. Another decision maker called me a week later to say he needed to claim Uc to get housing benefit but at no time in that call was their mention of closing the esa claim. He also qualified for SDP on his old esa. He missing out all because I was give. The wrong advice by old style esa and then new style esa closed the case as I had applied for UC. So unfair 

SusieB

ESA closed his case not me, it makes no sense for me to do that as it prevents him from benefitting from the 12 week linking rule and should of prevented him from been assessed by UC

ShelinaKay1

Hi I am new to this online community
I have had a condition since 2021 that prevents me from living life as normal so I’ve been housebound. I can relate to what you are saying as I haven’t received any benefits except standard allowance and housing benefit the whole time. I don’t know who to speak to about it all and the process. Has anyone got any advice? I didn’t want to take medication and was refused pip. So not sure what to do

poppy123456

SusieB said:

Yes I rang and informed them, he worked 24 hours and he was part contribution based and income related.
i was contact the next day after applying for new style esa to say he was eligible to claim it. Another decision maker called me a week later to say he needed to claim Uc to get housing benefit but at no time in that call was their mention of closing the esa claim. He also qualified for SDP on his old esa. He missing out all because I was give. The wrong advice by old style esa and then new style esa closed the case as I had applied for UC. So unfair 

A claim for New style ESA wouldn't close if you claim UC because New style ESA isn't means tested. My only thoughts are that his old ESA before he started working was all Income Related but I can't say for certain because I can't see any paper work. 

If it was all Income Related then the 12 week linking rule wouldn't have been possible and it would have meant a claim for UC anyway. 

As this is so complex I'm going to advise you to get some expert advice from an agency near you. This way you can take all the paper work and get the correct advice. Sometimes it's just not possible to get this level of advice from an internet forum. This link will help you find an advice agency near him.welfare-benefits

SusieB

No it was definitely both, when the complaint come back from DWp they said I had requested to close his new style ESA claim which I had just opened a week before and decision maker said he was entitled to it. I had definitely not said that. I have challenged it through my MP but it has prevented him from automatically going in the LWRCA group of UC. I’m so frustrated the stress this has caused is unbelievable. We have had nothing for him to live on other than  his DLA. He has to live independently due to his behaviour. 

SusieB

Well to add to my story I have had a call today from job centre plus and someone from ESA is going to ring me next week to verify me been appointee. The case is live and not closed.
where does that leave us? We have had one month UC and one month backdated of 368.
im hoping he will go back in the support group as it is within twelve weeks of his original ESA. But I’m filling in UC50 which has to be back by 2 nd April 
Anyone make sense of this as I’m so confused 

Hannah_Alumni

@susieB I am so sorry to read what you are going through. I unfortunately am unable to make sense of it. But I wanted to comment and say welcome to the community and I am glad to see our members join in the thread to help you I hope you find support and friendship here. 

poppy123456

SusieB said:

Well to add to my story I have had a call today from job centre plus and someone from ESA is going to ring me next week to verify me been appointee. The case is live and not closed.
where does that leave us? We have had one month UC and one month backdated of 368.
im hoping he will go back in the support group as it is within twelve weeks of his original ESA. But I’m filling in UC50 which has to be back by 2 nd April 
Anyone make sense of this as I’m so confused 

Live means he's entitled to the LCWRA element of UC from the start of his claim. He will not need to go through another WCA. If there's any entitlement to New style ESA payments then he will receive that every fortnight, which will be £129.50/week. The ESA will be deducted in full from any UC entitlement. 

UC will just continue as normal. Please also note that you will need to make sure you are his appointee for the UC claim too, unless his partner will take over that. Being his appointee for ESA will not mean you're automatically the appointee for UC.