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ESA has been stopped while waiting for appeal

Sousou

basically my Esa has been stopped since I had zero points in my assessment , I failed my MR too , I appealed and still waiting for my vase to be heard , Dwp started paying me Appeal rate (backdated) and they stopped it straight away now for nearly 2 months I haven’t recieved any payment from them phoning them twice to three times a week .
they saying that my partner is in receipt of Working tax credit (part time job) so I don’t qualifies for Esa appeal rate .please help me I don’t know what to do I’m struggling finiancially and this is worsening my health I’m getting help from friends and family
please any advice what to do

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sue1965

Have you tried advise centres or welfare rights?

Sousou

No what is it please ???

JennysDad

Hello @Sousou and a warm welcome to you.
I don't have the answers for you myself, but I've referred your post to our benefits advisors. Bear with us and they will be in touch.
Warmest best wishes,
@JennysDad

Sousou

Hello @JennysDad
i called today again they said they haven’t decided yet.
They asked me twice for my partner accountant papers and since third week of April i haven’t hear nothing from them they keep saying they looking at my case to take decision so I have double pressures one of the tribunal for my appeal and second one from DWP to pay me the appeal rate .
they giving me hard time . I don’t know what to Do ?
what shall I do ???
Any advice please
and thank you so much for any advice

poppy123456

Hi,

Were you receiving Contribution based ESA? If so then this is only payable for 365 days unless you're placed into the Support Group.

If you're claiming Income Related ESA then household income will be taken into account for this. If your partner works more than 24 hours per week then you won't be entitled to Income Related ESA. If your partner works less than 24 hours anything they earn over £20 per week will be taken from your ESA £1 for £1. So, if your partner earns £100 per week then you won't be entitled to Income Related ESA. You will of course be credited with your National Insurance for your future pension.

Sousou

Good morning
I was placed into the support group
haven’t had any problem until after the assessment , I was awarded zero point and ESA stopped .after that I apply for MR it wasn’t successful too , I appealed to tribunal still waiting for my case to be heard and meanwhile I spoke to ESA people for the appeal rate so it took them a while to pay me (backdated)I was happy .
after the backdated payment I was waiting for the monthly payment (appeal rate ) but nothing was paid , no letter has been sent , when I called they said : oh yes we’ve freezed your payment because of a change in your circumstances (you partner recieving WTC.
My partner works par time he has been receiving WTC while I was recieving ESA ,how come they saying there is a change nothing has been changed.
i kept calling them two to three times a week they saying disicion maker hasn’t take the decision yet (from 6/04/2018) .
does it really take that long to take a decision?

poppy123456

They can take as long as they want to make a decision. Are you claiming Income Related or Contribution based? How many hours does your partner work? Do you have any dependents living at home?

Sousou

ًI used to get income related ( not anymore .
he works 24 hours .
yes I have 2 dependents .

poppy123456

Sousou said:

ًI used to get income related ( not anymore .
he works 24 hours .
yes I have 2 dependents .

As you were claiming Income Related then your partner working 24 hours means that you will not be entitled to any money from ESA, you can still claim the National Insurance credits for your future pension though.

Also it could be possible that an overpayment has occurred and you'll now owe them some money. All changes of circumstances always need to be reported.