Employment and Support Allowance (ESA)
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Tribunal

Hi.My Grandson.whom im his appointee(his mum died of Cancer2 years ago) Has Aspberger Syndrome. Is 33.. And is claimingPIPs..&ESA..work related..Had to go for a face to face interview,, & came over too well.as I have got him a flat near us,&he is coping quite well ,if left alone ,gets quite aggressive under pressure... He got 0 points ,got 15 points last time...&They have stopped his Payments..housing benefit Council Tax..I have appealed. No joy..&are now awaiting a Tribunal.. It is stressing him out..&Me (Im80 )..we are seeing the Doctor ..try to get some help.....Has any one claimed the 13 weeks lower ESA rate while waiting for a date???His housing benefit &C Tax are being paid while this goes on ..on a suspension... A worried Grandma...

Replies

  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    Hello @dibdob123   Pleased to meet you welcome.

    Thank you for joining and sharing.

    Sorry to hear this.  You are not alone. You come to the right place for support, information and friendship.

    I am one the team of community champions on the forum.  We are here to advise, help and give support.

    Please suggest have you contacted CAB your local office for benefit advice.

    Have knowledge, expertise on benefits and could advise.

    Please can suggest also speak to  The National Autistic Society see what support they can give your grandson.

    As they deal with Asperger's as well.

    Helpline 020 7833 2299 

    Monday to Thursday 10.00am to 4pm.

    Friday 9am to 3pm.

    Please if I can help with anything further. Happy to be supportive ready to listen.

    Please take care.

    @thespiceman


    Community Champion
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    I'm sorry to hear that. It must also be very stressful for you too.

    While he's waiting for the Tribunal he can go back onto assessment rate for ESA but he'll need a sick note from his GP and this needs to be backdated to the date he was found fit for work. It is also paid until the Tribunal make a decision on his ESA claim and not just for 13 weeks but he'll need to continue to send in the sick notes until a decision's been made.

    Did his housing benefit and council tax stop since he was found fit for work? They would have continued to pay him these benefits if he had filled out a nil income form. If he hasn't received any of these benefits since his ESA stopped then he'll be able to request for them to be backdated to the date his ESA stopped.

    If he's able to speak to an advice centre near him for help/support then i'd advise him to do that. Hope this helps.
    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.
  • dibdob123dibdob123 Member Posts: 16 Listener
    Thanks Poppywill do that..See's the Doc on Wednesday... I've done the nil income form for HB...CT..so that is ok...just waiting for the date for the Tribunal.. Heard there's a long wait..
  • dibdob123dibdob123 Member Posts: 16 Listener
    Thanks The Spiceman.for your welcome and comments..Have CAB helping filled the form for the Tribunal.. A waiting Game..will contact Autistic Society.. Thanks for your help.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    dibdob123 said:
    Thanks Poppywill do that..See's the Doc on Wednesday... I've done the nil income form for HB...CT..so that is ok...just waiting for the date for the Tribunal.. Heard there's a long wait..
    You're welcome. When he's sees the DR please make sure that the sick note is backdated to the date his ESA stopped. Backdating the sick note will mean he'll receive backdated money owed from the time it stopped (assessment rate) Once the Tribunal accept his appeal and he has the reference number he can then contact ESA to go back onto assessment rate.

    If he was claiming the severe disability premium in with his ESA then this can also be paid on assessment rate ESA.

    He will then need to contact his local council to tell them that he's now claiming assessment rate for ESA. It won't change his benefits but he'll still need to contact them.

    Tribunal waiting times are huge in most areas and some are waiting 1 year for a hearing date. Appearing in person will give him the best chance of a decision in his favour.


    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.
  • dillondillon Member Posts: 12 Connected
    It's important that you and your grandson don't take this personally, what you have experienced seems to be the norm for many i.e. mental illnesses like aspergers / autism etc means nothing in these 'examinations', and getting 0 points is fairly common.
    It's very important for your grandson and the people helping him to understand the process and procedure, and to comply with it.
    Trying to 'fight' with the decision or procedure will not help, even though there will be times when the process will seem quite ridiculous (like getting 0 points even though been diagnosed with a disorder).
    It will help immensly to have a 3rd party (like Citizens Advice Bureau) who can be with you throughout this, and it is extremely important to follow any instructions or appointments they give you (like completing and sending forms / letters), or tell you to attend.
    If you have to send anything to the DWP, always use recorded delivery, if you have to phone them, expect a very long wait (see thread on here about that).
    I've had the same experience for past 7 years (confirmed disorder with Psyciatrist since 2004), everytime I have an examination I get 0 points (even though I give them the same details and diagnosis from the same specialist), then I have to appeal and eventually get full ESA benefits re-instated.
    This has happened to me 3 times in past 7 years, it can be a soul destroying experience, which is why it's so important to follow the necessary procedure / process.
  • dibdob123dibdob123 Member Posts: 16 Listener
    Thanks for that information Dillon..did help.you do feel you are being got at for trying to help yourself.. The system is all wrong..
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @dibdob123 and a warm welcome to the community! I hope the information above has been useful. I'm sorry to hear about your grandson and I understand how stressful these situations are!

    I hope the appointment goes well tomorrow and please do keep us updated. :)
    Community Partner
    Scope

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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Can i just say that not everyone is refused there are people that are successfully given LCWRA without any problems. It's not about a diagnosis, it's how those conditions affect your ability to do any type of work.
    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.
  • dibdob123dibdob123 Member Posts: 16 Listener
    Hi to you all.We had a good meeting with the aDoc..very understanding.. As Lee had changed Doctor's and should have had a medical review... They didn't send all his problems in to the Job Centre..&that's why we are in this mess..Any how we have a fit note back dated for3months.&And she will compile a medical letter for Lee...just awaiting to see  what they say about going to a Tribunal.. Or to put a new claim in for ESA...feeling a lot better now..His Step dad says he will take over as appointee for Lee ..so I've a letter to write to give notice...Thanks for all your good advice..
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @dibdob123, I'm so glad the appointment went well! It always helps when they are understanding. It sounds like you have got a lot going on at the moment. If you need anything else we can offer support and guidance on then please do let us know. :)
    Community Partner
    Scope

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  • dibdob123dibdob123 Member Posts: 16 Listener
    Hi update..just had a relaxing cruise for my 80 Birthday...had a text on holiday from D W P...(We have been contacted by the Tribunal Service,about your Appeal.we have 28 days to send our responds and your case to them..We will send you copies of the documents at the same time.)......Do I just wait now????Still awaiting the Medical report from the Docs.
    Thanks.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I hope you had a lovely holiday.

    Yes, you just need to wait now. Make sure you send the Tribunal any evidence you have to support his claim because they very rarely contact anyone for this. You'll have plenty of time to send it because waiting times are huge in most areas for Tribunal hearings.

    Is he now receiving payments for his ESA? If he isn't then you need to contact DWP and ask them to put him back onto assessment rate while he waits for his Tribunal. You will need to send the sick note (backdated) and continue to send them until a decision's been made.
    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.
  • dibdob123dibdob123 Member Posts: 16 Listener
    Thanks Poppy...I have sent a back dated fit note,for 3 months..so will check to see if they are paying him assessment rate now.do I have to contact housing council tax....he is on suspended at the moment.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You may need to contact DWP to ask for his payments to start back up.

    I thought you said you filled out a nil income form for his housing benefit/council tax? With this form his payments should have continued, rather than be suspended. As they were suspended then they will owe him backdated money from the time it stopped. Make sure they pay that money back to him. You should contact his local council about this tomorrow when they open.
    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.
  • dibdob123dibdob123 Member Posts: 16 Listener
    Thanks will contact D.W.P..to start payment s  is the number 0800 055 6688...or is it the main telephone 08001690310.....Sorry yes I have done a nil income form for HB..CT.. So that should continue payment s....does that carry on or do I have to let them know if he gets the lower rate ESA...
    Thanks for your helpPoppy 123456
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited September 2019
    You're welcome. The number you need to ring is Telephone: 0800 169 0310.

    I would tell his local council about the assessment rate for ESA but it won't affect his claim and it will remain the same.

    I see that he doesn't live with you, does he live alone? If so does anyone claim carers allowance for looking after him? and does he claim daily living PIP?
    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.
  • dibdob123dibdob123 Member Posts: 16 Listener
    Thanks.will do..he does live alone now..and does get PIPs...I can't claim carer's allowance .as it will affect my pension..Have received a notice  with a Tribunal number now....I think I've made a mistake filling the form out..as it makes Lee the appointee..not me... Got a phone number.will try and sort it out...
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    As he lives alone then he should be claiming the severe disability premium in with his ESA, this is paid on assessment rate as well as in any of the groups. Was he claiming this before he was found fit for work? If you're unsure then please check a recent award letter and see if it states severe disability premium on it.
    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.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Also just to add, i know you can't claim carers allowance because you're claiming state pension but you can have an underlying entitlement to it. If you do then this will affect him being entitled to the SDP.
    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.
  • dibdob123dibdob123 Member Posts: 16 Listener
    No he is in the work related activity group.ESA.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited September 2019
    He was yes but not anymore because he was found fit for work.

    The SDP is payable on any Income related ESA so he should have been claiming this in with his ESA.

    I'm going to advise you to speak to an advice agency near you for them to do a full benefits check on him, this way they can make sure he's claiming everything he should be claiming.
    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.
  • cathdibble12cathdibble12 Member Posts: 2 Listener
    Hi update... Lee will get £89 .90.a week onESA assessment  payment.  .awaiting  a Trbunal date.. Hopefully  getting  a doctors  Medical  letter  soon which  should  help  us Thanks  for your  good advice. 
  • cathdibble12cathdibble12 Member Posts: 2 Listener
    changed Email. Was dibdob123
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi update... Lee will get £89 .90.a week onESA assessment  payment.  .awaiting  a Trbunal date.. Hopefully  getting  a doctors  Medical  letter  soon which  should  help  us Thanks  for your  good advice. 
    Glad it's sorted. I'm assuming he's claiming Enhanced daily living PIP? Which means he's entitled to the Enhanced disability premium in with his ESA, otherwise assessment rate is £73.10 per week. Just incase anyone reads this.

    Don't forget if he's living alone and no one claims carers allowance or carers premium for him then he should also be claiming the Severe disability premium in with his ESA. This will give him an extra £65.85 per week. He should have been claiming this previously, which means it can be backdated if he's always lived alone.

    To claim the SDP you need to ring ESA and ask to fill out the IS10 form over the phone. Claims can be done as quick as a few days. Link explains what SDP is. https://www.entitledto.co.uk/help/severe-disability-premium

    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.
  • dibdob123dibdob123 Member Posts: 16 Listener
    Thanks for that..He has been on his own since 1st of April.. 2019..that's  when he claimed HB...C Tax...and the ESA..started to check up..
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    dibdob123 said:
    Thanks for that..He has been on his own since 1st of April.. 2019..that's  when he claimed HB...C Tax...and the ESA..started to check up..
    No problem. Ring ESA on Monday to start a claim for SDP.
    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.
  • dibdob123dibdob123 Member Posts: 16 Listener
    Hi  poppy123456,update..applied  for SDP.. As you said.. Sent a Doc's  letter also.. Must have really  helped.. As had a letter  today.. Lee's  ESA.   is now £155.75.aweek..from 9th July. Back pay. £696.13.....Hope this means they have had a change of heart  .and we don't  have  to  go to a Trbunal ..Thank you all at Scope  for your  good advice  . Help and friendship... A grateful  Grandma.. Catherine..... dibdob123
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    dibdob123 said:
    Hi  poppy123456,update..applied  for SDP.. As you said.. Sent a Doc's  letter also.. Must have really  helped.. As had a letter  today.. Lee's  ESA.   is now £155.75.aweek..from 9th July. Back pay. £696.13.....Hope this means they have had a change of heart  .and we don't  have  to  go to a Trbunal ..Thank you all at Scope  for your  good advice  . Help and friendship... A grateful  Grandma.. Catherine..... dibdob123
    I'm glad they added the SDP.

    However, i'm afraid that amount is not Support Group rate, it's still assessment rate with both disability premiums added. That total is as follows.

    £73.10 assessment rate for over 25's
    £16.80 Enhanced disability premium (because he claims Enhanced daily living PIP)
    £65.85 SDP. Total amount £155.75 per week.

    The backdated money he's received will be for the SDP, which is money that's owed.

    Support Group rate would be £194.30 per week.

    This means that at the moment the Tribunal is still going ahead and you will need to continue to send in those sick notes until a decision's been made. Hope this helps/
    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.
  • dibdob123dibdob123 Member Posts: 16 Listener
    Yes thanks. Thought  we had won..  Thought  it was too good  to be true.. Still it's  a nice little help in the meantime. 
  • dibdob123dibdob123 Member Posts: 16 Listener
    Hi. Update on Lee. I have handed over the appointee for Lee To his Step dad.  Who is OK with  that... He has had an interview  with the  DWP.. They say now that payments  must be payed  to the appointee bank account... And transferred  over to Lee's  account.. Have you heard  of this before??? I'm  to stressed out  to carry on with  the  appointee... So he will  deal with  the Tribunal... Thanks. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Yes, that's correct this is because the appointee will now deal with the benefits claim and not the claimant their self.
    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.
  • dibdob123dibdob123 Member Posts: 16 Listener
    Thanks.  Just as Lee got his benefit s paid straight  into his account  when I was  Appointee for him.. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    That's not something i've heard of before. The whole purpose of being someone appointee is that they are not capable of looking after their own benefits claim, including the money they receive. I'm my daughters appointee and her PIP gets paid to me and then i transfer it to her.
    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.
  • dibdob123dibdob123 Member Posts: 16 Listener
    Thanks for that Poppy.. Don't know how  that was too.. I took over when his Mum died.. And he had his money  in his own  account  then.... Now we know  it's  all OK. 
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