ESA Appeal

evans81

Hi all, I have been in the support group on ESA since late 2012/13 and was also getting the severe disability premium as I get standard rates of both elements for PIP, and had an assessment at the end of November in which the decision was made to stop my ESA payments. I was last paid on the 18th of January 2019. I submitted a mandatory reconsideration and the decision was not revised so I have now submitted an appeal and once that is live I can be paid the basic rate of ESA at £73.10 per week. I will be getting fit notes backdated to the 17th of January when the decision was made and I know then that my SDP can be backdated, but my question is, can I also ask for ESA payments to be backdated to cover the Mandatory Reconsideration period, albeit at the basic rate? Also, as it was income based that I was getting, would the basic rate be classed as income based once I am getting that?

poppy123456

HI,

Providing you didn't claim UC then both can be back dated to the date your ESA stopped but sick/fit notes will be needed. As you were previously claiming Income related then it would be income related you would continue to claim.

evans81

poppy123456 said:

HI,

Providing you didn't claim UC then both can be back dated to the date your ESA stopped but sick/fit notes will be needed. As you were previously claiming Income related then it would be income related you would continue to claim.

Thank you for your reply! I couldn’t claim UC as I had been receiving the SDP and a new rule came in just before my claim stopped which prevents people in receipt of the SDP in the previous month from moving to UC, something to do with theym stopping it until it can be guaranteed that disabled people eligible for the SDP wouldn’t be worse off on UC. I only asked about the income related bit as I’ve had to start paying for a pre payment certificate for my prescriptions whilst I’ve not been getting any money. All I have had is child benefit and child tax credits for my daughter and my PIP.

evans81

This is on the money advice service website about the new ruling:

The Severe Disability Premium is paid to people getting certain means-tested benefits (including ESA) who live alone and who have substantial care needs. It is not available under Universal Credit.

From 16 January 2019, you will not be asked to start claiming Universal Credit if you’re getting the Severe Disability Premium as part of your ESA payment. You will not be moved onto Universal Credit until you qualify for transitional protection, which tops up your income to make sure you’re not worse off.

You will not be moved onto Universal Credit until the DWP asks you to as part of the managed migration programme, which is not due to start until November 2020 at the earliest. When you are asked to move onto Universal Credit, you will qualify for transitional protection, which tops up your income to make sure you’re not worse off.

If you have already moved onto Universal Credit and lost the SDP

If you were getting the Severe Disability Premium, but were moved to Universal Credit before 16 January 2019, you will continue to claim Universal Credit.

It’s expected that you will qualify for a lump sum payment to compensate you for any money lost since the removal of the SDP. You will also receive an ongoing monthly transitional protection payment as part of your Universal Credit award. How and when this will happen is expected to be announced before July 2019.

poppy123456

Yes, i know about the new ruling. The reason for the prepayment certificate was because your ESA stopped, which meant you weren't eligible for free prescriptions. Once your ESA starts again then you'll be able to start claiming for them based on your ESA award.

Backlogs for Tribunal hearings are huge across most of the country so your wait could be extremely long. Make sure any evidence you send arrives no later than 10 before the hearing date. Good luck!

CockneyRebel

If you are having problems with paying for NHS services, you can apply for an HC2 certificate under the low income scheme

evans81

poppy123456 said:

Yes, i know about the new ruling. The reason for the prepayment certificate was because your ESA stopped, which meant you weren't eligible for free prescriptions. Once your ESA starts again then you'll be able to start claiming for them based on your ESA award.

Backlogs for Tribunal hearings are huge across most of the country so your wait could be extremely long. Make sure any evidence you send arrives no later than 10 before the hearing date. Good luck!

Oh yes I know that, I knew I needed to get it because otherwise I wouldn’t need be able to afford my medication, so I set it up to pay over 10 months which made it affordable for me. I just wanted to check that when my ESA payments start again whilst waiting for the tribunal date I would be able to cancel that certificate and claim free prescriptions again.  I understand the wait can be quite lengthy, I had help from a local Cllr with the MR form and I will hopefully be getting help from the local welfare rights team with the appeal, I have an appointment to see them on 9th of April. 

Do the tribunal service let you know once the process is live so I can claim ESA again?

evans81

CockneyRebel said:

If you are having problems with paying for NHS services, you can apply for an HC2 certificate under the low income scheme

Thank you, I do have that form here, fortunately I have no dental appointments until August so will be getting the basic rate of ESA by then, which will also entitle me to free prescriptions again.

poppy123456

HMCTS will write to you once your appeal has been accepted. This could take a few weeks.

evans81

poppy123456 said:

HMCTS will write to you once your appeal has been accepted. This could take a few weeks.

Thank you so much for your help 

poppy123456

You're welcome. Good luck!