jaki1972

jaki1972

hi everybody...im new on here so hopefully ive done this correct....I hope somebody can help answer my problem...I am waiting for a date for a ESA tribunal and I'm receiving ESA at the assessment rate after failing the medical assessment...I was on ESA in the support group with the enhanced premium before I failed the medical...I was told on the phone by the person who called to let me know I failed the medical that I need to apply for universal credit...so I did this the same day...online...then I got information that if I go on UC I can not go back on to ESA even if my tribunal goes in my favour....4 hours after making the online claim for UC I withdrew my claim...within those 4 hours my housing benefit was stopped as my local council was told I made a claim for UC....I called them straight away and was told as soon as my appeal is accepted and ESA have backdated my claim and put me on the assessment rate then they will give me HB again....this hasn't happened I'm now 3 months on and HB have said cos I made a claim for UC I cant get HB...even though ESA have paid me so that means my UC claim was not taken into consideration....im so worried...how is this even fair....many thanks....

poppy123456

HI,

I'm not sure why your housing benefit was stopped because when you claim UC then your housing benefit continues for a further 2 weeks before it transfer across to UC. As you canceled your UC claim in a very short space of time then your housing benefit should not have stopped.

Who ever advised you about your housing benefit is incorrect, it should not have stopped. You need to ring them and ask why it stopped. also ask for it to restart because you're now claiming ESA. If you don't get any joy then you should contact a local advice agency near you, like CAB who will advise you further.

Or contact your local MP and tell them what's happened and they should be able to contact your local council on your behalf.

https://www.parliament.uk/get-involved/contact-your-mp/

jaki1972

thank you poppy.....ive been into my local council 6 times they eventually wrote to me saying they couldn't pay it because I had made a claim for UC even though I cancelled the claim the same day...I called them just now and they said they made their decision...I told them I didn't understand as I'm getting ESA not UC ...the lady from HB said that's the rules....I will certainly take your advice and contact CAB ive also contacted social ombudsman online so I'm hoping they can see if what my local council are saying is correct....thanks again poppy most helpful....

poppy123456

You're welcome. Seriously, your local council are completely wrong here. Your claim for UC didn't go through because you canceled on the same day, which means you didn't have your first appointment to confirm your details. Had you done this then you wouldn't have been able to go back onto ESA.

Take your ESA letter in to your local council to confirm that it's this you're claim and not UC. Sometimes they make me so angry when they give the incorrect advice!