Employment and Support Allowance (ESA)
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ESA stopped

dkb123dkb123 Member Posts: 121 Pioneering
My esa has stopped on the 15th January 2018, I received no notification at all ,
On The  3rd Feb I had a letter saying I Was due a repayment of arrears ,but it would not be paid due to the fact they were checking if I was really due to it 
On the 14th March another letter saying they could pay me a slightly higher rate per week up until the 16th Jan the last line say we can't pay you the benefit anymore because the law does not allow us to, I didn't think this was strange because I get this kind of letter all the time due to my partner working casual work all the time with no fixed pattern 
On the 6th of March they sent me a work Capability assessment form which I completed and sent in on time  , I started to worry things were not right and I wrote to them on the 20 April with no response or to my 3 telephone calls which I waited over an hour but no reply,
Then I received a P45  dated 15th Jan 2018, 
I sent another letter and still nothing 
My partner when to the jobcenter and applied for JSA but was turned away ,because he was part of my ESA claim, and as an , aside they said your partner is working ,
I have been disabled for over 10 years and claim PIP standard rate for both  and a 2 Heart attacks so I was very surprised at this news 
It turns out that I was supposed to attend a compliance interview on the 10th Jan, which I knew nothing about , The CAB say go to and see a solicitor , so I have and when I could find one they wanted £250 per Hour which I have not got ,so they said legal aid is available for criminal cases but no one has said anything about this or charges ,
 so I complain to my MP who never responds, so what do I do , no one is responding ,answering calls or replying to letters ,  it's too costly to take legal action and the advice agencies in my area just say its too complicated to deal with   

Replies

  • steve51steve51 Member Posts: 7,175 Disability Gamechanger
    Hi @dkb123

    Good Evening & Welcome my Friend.

    I’m very very sorry to hear about your current problems/situation.

    We have got some “Benefit Advisors” here on our site.

    They will be ideal for you hopefully!!!!

    I will forward your post onto them straightaway.

    They are extremely busy currently so I can’t give you a timescale in getting back to you.

    If you need it “sooner rather than later” please please let me know ????

     Hi @BenefitsTrainingCo

    Can you please help me with this tricky post???

    Many Thanks.
  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Hi @dkb123, I'm so sorry to hear this. How are you doing, have you heard anything else since?
  • dkb123dkb123 Member Posts: 121 Pioneering
    no ,I did have an email from the MPs team asking to submit a letter I had already sent them 
  • mikehughescqmikehughescq Member Posts: 6,003 Disability Gamechanger
    Sounds like a number of separate issues are being joined together.

    1 - your entitlement to, presumably, means-tested ESA varies as your partners earnings vary. Okay, unless your partner does something other than casual work, there’s nothing to be said there.

    2 - an ESA 50. You’re going to get them unless you’re a person for whom assessments can be switched off. If it went in then what happens next depends on whether you were on ESA at the time. So, more detail needed.

    3 - I’m assuming the ESA stoppage in January turned out to be nothing to do with partner earnings and just a failure to attend? So, have you can;lender that decision by mandatory reconsideration?
  • TopkittenTopkitten Member Posts: 1,263 Pioneering
    I would suggest contacting the Citizens Advice Bureau for advice. Solicitors are very expensive and often unnecessary. However, it is likely to be difficult to prove that you haven't received paperwork if they claim to have sent it. I do not know how that situation is viewed. No matter what though I would advise you to keep a closer eye on your bank balance so that you know much sooner when things are going wrong, not that I am personally any better at that myself. It's a case of "Do as I say and not do as I do", lol!

    TK
    "I'm on the wrong side of heaven and the righteous side of hell" - from Wrong side of heaven by Five Finger Death Punch.
  • dkb123dkb123 Member Posts: 121 Pioneering
    I reply to 2] ESA50 ,nothing s been heard of it since it was sent in  
    3 ]I don't know they will not tell me what it was to do with 
  • dkb123dkb123 Member Posts: 121 Pioneering
    I have contacted the CAB and seen a solicitor but dont have the money to pay him to send a letter 
  • dkb123dkb123 Member Posts: 121 Pioneering
    how can I do an MR when I don't know why the benefit has stopped and the DWP have not replied to the last letter 8 weeks ago which included a request for an MR, what is there to disagree with
  • Lynette1066Lynette1066 Member Posts: 47 Connected
    edited July 2018
    I would check your bank account and see which benefit has not been paid. Or call DWP and ask for the next payment dates of all benefits. This way you may see which one has been stopped. Then ask for a MR. I think I will be in the same position after Maximus medical.
  • mikehughescqmikehughescq Member Posts: 6,003 Disability Gamechanger
    edited July 2018
    You have a date when benefit stopped. You know the name of the benefit. If you’re in time to do an MR then you don’t need grounds. If you’re outside the month then you need to argue that their decision to stop was made in ignorance of or based upon a mistake as to a material fact. The material fact could be something as simple as the consequences of your condition remaining unchanged and the fact you’ve received no notifications as to the cause of the stoppage.

    This continues right up until you do an MR.
  • dkb123dkb123 Member Posts: 121 Pioneering
    Which is fine but they haven't responded to previous letter or calls ,so why do you think they will respond to what you suggest  
  • Lynette1066Lynette1066 Member Posts: 47 Connected
    I would write a letter to your Member of Parliament. Stating the basic facts and lack of information regarding you cannot get a  correct response from the DWP.
  • dkb123dkb123 Member Posts: 121 Pioneering
    which as been done 4,weeks ago re my post of 30 June 
  • Lynette1066Lynette1066 Member Posts: 47 Connected
    Sorry I am new hear. Best of luck.
  • mikehughescqmikehughescq Member Posts: 6,003 Disability Gamechanger
    dkb123 said:
    Which is fine but they haven't responded to previous letter or calls ,so why do you think they will respond to what you suggest  
    Because phone calls are often outsourced or rerouted around the country so generally go round in circles. Because until now you have been corresponding I would guess with your local office or processing centre. Neither do correspondence very well or at all because it’s not their function. Because thus far you have pursued every line except the one the law allows and now makes easy - an MR. Because upon receipt of an MR the local office becomes accountable and can no longer get away with no correspondence. Because you will of course keep a photocopy of your MR request in case it gets lost in the post. Because DWP don’t like being embarrassed. An MR where there’s no paper trail until you create one always causes questions to be asked.

    Do not bother with your MP again. It’s a waste of time when you have no benefit because it requires the creation of a dummy file. That takes up the very ti,e you would want the local office to be spending on putting your benefit back into place or at least issuing coherent, timely decisions in writing.

    Do not bother sending by recorded or special delivery. DWP post is handled by a private company and so is the scanning. That means anyone can sign for receipt but it won’t necessarily have been received by DWP. It’s only received by them when it’s scanned and on their system. It’s throwing good money away for no tangible gain. Provided you keep a copy which can be re-sent then there’s no issue. 


  • dkb123dkb123 Member Posts: 121 Pioneering
    OK I will fill in the form and see what happens 
  • mikehughescqmikehughescq Member Posts: 6,003 Disability Gamechanger
    AND... keep a photocopy!!!
  • annmariescantleburyannmariescantlebury Member Posts: 6 Listener
    I am interested to know what is MR can you tell me please, thank you
  • mikehughescqmikehughescq Member Posts: 6,003 Disability Gamechanger
    Sorry. MR = mandatory reconsideration as mentioned earlier in the thread.
  • [Deleted User][Deleted User] Posts: 273 Pioneering
    Hello  everyone especially dkb123

    Could I also suggest that you contact them 10 days to a fortnight after you have sent this letter to them, to make sure that they have received it (in my experience, it usually takes well over a week for it to get through the DWP systems, so that an operator on the phone will be able to confirm the letter has been received).

    Then keep a record of the name of the person you spoke to to get this confirmed, the date, the time of day and what was said. Ask that person for an idea as to how long it will take for your letter to receive consideration.

    Etc etc. Dull but necessary.

    Good luck. Do keep us all informed about how you get on. 

    Best wishes

    Gill_Scope
    Benefits and Finance Specialist
    Scope Helpline
    Tel: 0808 800 3333
  • dkb123dkb123 Member Posts: 121 Pioneering
    I sent in the MR and have not received a response , but I got a letter from my MP,she says that the reason that my benefit was stopped was because of non attendance on the 10th Jan , which I already knew , and she gives a phone number of the DWP for me to ring ,which I will tomorrow 
  • dkb123dkb123 Member Posts: 121 Pioneering
    rang the DWP a few days later and they agreed that the compilanene etter had gone to my old address and the system had not updated it for 3 months , The operator said he would put thing right but still no money 
  • [Deleted User][Deleted User] Posts: 273 Pioneering
    Hi dkb123

    I think it would be time to try to get say your MP to intervene.

    You have been patient, the DWP need to get their act together now. 

    Gill_Scope
  • dkb123dkb123 Member Posts: 121 Pioneering
    my ESA has been reinstated from 16th Jan this year  they have paid the basic NI rate of £83 plus £33 supplement, now during that time my partner was in and out of work , so do they pay more out of work and is his income taken off during the working periods  
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    dkb123 said:
     they have paid the basic NI rate of £83 plus £33 supplement,
    Not sure what you mean by this. Contributions based ESA is £110.75 per week.

    As you were claiming as a couple then it would have been income related ESA and yes, anything your partner earned that was over £20 per week, will be taken off your ESA £1 for £1.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • dkb123dkb123 Member Posts: 121 Pioneering
    £73 plus £36.55 =£109,65  so it is Income related not contribution based 
    It says no income will be taken off my ESA because i am in the support group the amounts relate to 16 jan to 9 april , 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    That's Contributions based not income related. Your partner working doesn't affect CB benefits.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • dkb123dkb123 Member Posts: 121 Pioneering
    thanks , but the income does matter to the Housing Benefit claim , or is Contribution based a passport benefit  
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Housing benefit is completely different and is a means tested benefit. Your partners income will affect the amount you can claim.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • dkb123dkb123 Member Posts: 121 Pioneering
    I have received a second letter frpm DWP complaints and correspondence team ,they apologise for the mishandling of my case and the upshot of it ,is £36.18 back interest from 9/4/13 to 25/5/18 and an offer of £150 . 
    Should I go to ICE and the ombudsman or except the offer 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Only you can decide whether or not to accept the compensation offer.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • dkb123dkb123 Member Posts: 121 Pioneering
    i was hoping that someone on this board had a similar situation and if they went for a higher offer 
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