Benefits taken away — Scope | Disability forum
New to the community? Remember to read our community guidelines and our community house rules.
Concerned about another member's safety or wellbeing? Find out how to let us know.

Benefits taken away

L3ona
L3ona Member Posts: 4 Listener
Hi please can help me me and my partner split up a few months back I wish I was on the high mobility as I got a car through them now we have split up I had to go for it a ESA assessment to which this come back now I'm fit for work which I am not but they did not listen to me would they stop my disability Now and take the car back off me thanks

Comments

  • Ripples
    Ripples Member Posts: 189 Pioneering
    @L3ona Which benefits are you receiving?  ESA and PIP ( or  DLA), are different benefits with different awards. If you fail an assessment for ESA this doesn't mean your other benefits will stop. You can  ask for a mandatory reconsideration if you have been turned down for ESA. Although there are a lot of guides to help you with this it may be better if you chat to someone else about it like the Citizens Advice Bureau
  • L3ona
    L3ona Member Posts: 4 Listener
    @Ripples I've been high mobility and low daily living for 3 years as my ex partner was caring for me now that we have split I started claiming was and had esa assasement to which they said I'm on esa work related and not income as I'm fit for work to which I'm not. I've got the mobility car see 
  • northwestmum2
    northwestmum2 Member Posts: 55 Courageous
    As far as im aware from other people on the disability& benefits website yes i think they can take it back.and they can stop disability payments if they say youre fit to work.unfortunately they dont just 'listen to you' -it happens all the time,people have been emailing disability &benefits website a lot about this! If i were you i would appeal and also go see a welfare benefits advisor for advice.they are ussualy contactable via local council.
  • Jaytbm1
    Jaytbm1 Member Posts: 72 Pioneering
    I am so sorry that this has happened to you . As Norhwest mum has said they can take your car and esa from you . I would definitely appeal, maybe go to the CAB . I think you can ask for a copy of the report of your assessment and find out why you didn’t qualify. Get help ASAP . I sincerely hope you get this sorted out . 
  • [Deleted User]
    [Deleted User] Posts: 126 Listener
  • Ripples
    Ripples Member Posts: 189 Pioneering
    As I understand it  your original question was that being informed you lost ESA  would you lose your other benefits and car I reiterate ESA and  DLA are different benefits and losing one doesn't mean you will lose the other without review. Your car I assume is paid through the motability scheme via your high mobility component of DLA/PIP . You are awarded DLA/PIP  for a certain period of time then you are reviewed. A change of circumstances can prompt a review but if you have not been asked to fill in another DLA/PIP  or asked to attend an assessment then your DLA  is unlikely to cease without notice.
  • [Deleted User]
    [Deleted User] Posts: 273 Pioneering
    Hi L3ona

    I agree with Ripples. It sounds like you have lost your ESA for now, but not your Disability Living Allowance (DLA)  or Personal Independence Payment (PIP).

    If you are looking to challenge the ESA decision, then you have to do a mandatory reconsideration first, and then, if this isn't successful, an appeal. There is informaion on our website about challenging DWP decisions. The series of short videos is about PIP, but the informaion applies equally well to ESA.

    https://www.scope.org.uk/support/disabled-people/benefits/appeals

    The grounds for challenging a decision by the DWP about ESA have to be based on the regulations. You'll find the desriptor points which form part of  these regulations and the Excepional Circumstances regulations (Regulation 29 for the first part of the work capbility assessment and Regulation 35 for the second part of that assessment), in the factsheet on this topic on the Disability Rights UK website (see below).

    https://www.disabilityrightsuk.org/work-capability-assessment

    You have to show how your situation fits in with these conditions for getting this benefit. Read the descriptors carefully to make sure that you make a good case for the points wher you are likely to score points - rather than trying to score points for all the descriptors, which you don't need to do. Do provide medical evidence if this is not obvious from the diagnosis, bearing in mind that the DWP have managed to make one or two decisions that aren't favourable so far.

    Is there a Citizens Advice or similar advice agency where you live?  Let us know if there isn't,  and we will arrange for a benefits specialist here to have a conversation with you about this.

    Best wishes

    Gill_Scope




Brightness

Do you need advice on your energy costs?


Scope’s Disability Energy Support service is open to any disabled household in England or Wales in which one or more disabled people live. You can get free advice from an expert adviser on managing energy debt, switching tariffs, contacting your supplier and more. Find out more information by visiting our
Disability Energy Support webpage.

Fancy a chat in our virtual coffee lounge?

Put the kettle on and have a chat in our coffee lounge with other members. We talk about hobbies, games and anything else you can think of!

Cerebral Palsy (CP) Online Cafe

Here's a new opportunity for people with CP or a similar disability (aged 20+) to get together and chat. The sessions are in partnership with CP Sport so you can find out more and meet people from both organisations.

Are you struggling?

Read our 'Coping with stress, low mood and isolation' support thread for a run-down of ideas on how to banish those blues and feel happier.

What do you think about the community?

Complete our feedback form and tell us how we can make the community a better space for you.

Information about COVID-19

If you have questions about the virus, please read our information and support which includes guidance on benefits, getting food and essentials and Cerebral Palsy.

Back to school this September?

Read tips on how to settle back in and handle any worries you or your children might be having this new term.

Online employment support

Support to Work is an online and telephone support programme for disabled people who are looking for work.