Gateway Condition January 16 2019 ESA claimants who receive Severe Disability Premium

teejays1617

Hi Apollo and fellow readers ,
                                               I had an email from a similar person to ourselves
and their local  council did allow a backdated refund on rent that they had paid
The refund was over £5,000
Our local council's don't want bad publicity so I feel you and I and others will be
offered a partial refund. The council's won't want lots of cases going to Tribunals

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teejays1617

Hi Apollo and fellow readers,
                                              Any good news yet on backdating your housing benefit claims because of SDP and us refusing Universal Credit because we did not want to lose our SDP and Enhanced Disability Benefit.
Please fellow readers and Apollo let us know ?

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teejays1617

Hi Apollo and fellow readers. My local council (Redditch Borough Council) are refusing to backdate my claim on my Housing Benefit ,so all my papers will go to a Tribunal . The council said " It had to obey current legislation and because I didn't fall
into one of the exempt categories I have no hope " Well let the judge at the Tribunal decide because I think it is serious discrimination against Disabled people
Please  let me know your thoughts

poppy123456

Have you requested the MR first? This is the first step to an appeal. Good luck.

teejays1617

Please tell me POPPY what is an MR?

teejays1617

mandatory reconsideration, 
Well Poppy I have appealed against the council's decision not to backdate my Housing Benefit claim but the council said" it will go to a tribunal "
The council have asked me on what GROUNDS do I feel I can appeal against their decision
I have said" on the grounds that DISCRIMINATION is evident but they are saying
the government made the exempt regulations and it is DWP or a government department that is to blame ,not the council
I have asked PRO BONO at the ROYAL COURTS OF JUSTICE IF i HAVE A CASE AGAINST  DWP

poppy123456

The first stage to an appeal is the Mandatory Reconsideration, in other words it's where you ask them to look at the decision again.  Without this a Tribunal won't accept your request.

My honest opinion is that the reason you couldn't claim housing benefit was because the government changed the benefits to Universal Credit and your house moved meant you couldn't start a new claim for housing benefit at that time.  I honestly don't think that it's your local council that are to blame here, as they were only sticking to the regulations at the time.

teejays1617

Poppy and fellow readers,
                                          Can I ask a question? Does anyone know if a son who is unemployed and on ESA  and lives with their mother who owns her own home.
Is the son allowed to claim Universal Credit whilst living under her roof
Please anyone tell me ?

poppy123456

teejays1617 said:

Poppy and fellow readers,
                                          Can I ask a question? Does anyone know if a son who is unemployed and on ESA  and lives with their mother who owns her own home.
Is the son allowed to claim Universal Credit whilst living under her roof
Please anyone tell me ?

Yes, the mother's earnings/benefits will have no affect on the UC claim. Only living with a partner is counted. If he's claiming ESA why does he want to claim UC?

teejays1617

Hi Poppy ,
                 I  thought he would have to claim Universal Credit if he moves from one county to another. I don't think he could stay on ESA or can he ?

poppy123456

teejays1617 said:

Hi Poppy ,
                 I  thought he would have to claim Universal Credit if he moves from one county to another. I don't think he could stay on ESA or can he ?

Hi,

That will depend on circumstances. Does he need to claim help with his rent when he moves? Does he claim PIP or DLA so receives SDP as he lives with his mother then she would also need to be claiming a qualifying disability benefit for him to claiming SDP.

I would need more information to be able to help properly.

teejays1617

No he doesn't receive PIP OR DLA and no SDP 
Probably rent free from his mom

poppy123456

If he doesn't need to claim any housing for the rent then moving house will not be classed as a change of circumstances to prompt a move to UC, it will just be a simple change of address.

If he needs to claiming housing for the rent then it's a change of circumstances that will prompt a move to UC.

teejays1617

Thanks Poppy for all your much appreciated help
Just a word about my own situation. I have requested an MR with my local council
I did it by email.Do you think that is ok? or should I send in a typed letter to the council. Also upon signing for my tenancy last March ,the tenancy signing officer
promised to get urgent repairs done but 12 months later nothing has been done.
Because I suffer with Proximal diabetes and the neuropathic problems mean I cannot feel the floor I have tripped on the awful un level floor between the hall floor and bathroom floor. I have asked the Citizens Advice Bureau to look into this.
Surely it wasn't fair to charge me full rent for a place in such an awful state 

poppy123456

No problem. Yes, i would put it in writing as well.

As for the rent, you signed the tenancy agreement, agreeing to the rent payments etc. Have you contacted your housing association about the floor?

teejays1617

Hi Poppy and fellow readers,
                                              I'm  renting off my local council but they haven't
done anything to my floor since I signed the tenancy 

poppy123456

You need to contact the repairs department of your housing association and report it.

teejays1617

For over 12 months I have asked my landlord Redditch Borough Council to come and fix 2 problem areas we existed at the start of my tenancy . The floor problem  .
Two windows which would not lock .The rear soffit at the back of the property.
They have not done anything in over 12 months .I am really at my wits end