Hi my name is mokelly50! Can I claim ESA for my grandson even though the time for appeal has passed? — Scope | Disability forum
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Hi my name is mokelly50! Can I claim ESA for my grandson even though the time for appeal has passed?

mokelly50
mokelly50 Member Posts: 3 Listener
My grandson(age 27) has moved in with me ( pensioner) recently. He has Autism ( Asperger) and had been receiving ESA and PIP until June 2019 when he had an assessment at his mums and was told he had failed and should go on Universal Credit. He couldn’t go on his own and his Mum ( who is also Autistic )couldn’t cope with it and just left it. She had been getting his ESA towards his keep and letting him have the PIP for his spending money. ( lower rate £58 approx.)
When he came to live with me I was going to apply for his ESA again but then we got a letter saying his PIP  was being reassessed, so I sent off the form, had a telephone assessment and have just received the enhanced rate and mobility ( doubling his income to £110 a week). 
My question is can I claim ESA for him even though the time for reconsideration or appeal has long gone. I cannot afford to keep subsidising him. He has been giving me £20 a week towards his keep.
Hope someone can help
Maureen

Comments

  • janer1967
    janer1967 Member Posts: 15,152 Disability Gamechanger
    Hi and welcome 

    Im not 100% but think it will have to be UC he applies for now as a new claim it may be worth using a benefits calculator there is one on here in the benefits section this will show the benefits he may be entitled to based on his circumstances .

    Without knowing all the details it is hard for us to say what he can claim as some of it will be dependant on what you claim as well

    Our benefits expert will also be able to give you more info
  • Tori_Scope
    Tori_Scope Posts: 8,195

    Scope community team

    Hello and welcome to the community @mokelly50 :) It's great to have you with us.

    Just to let you know, I've moved your post into our ESA category, and slightly altered the title of your post so that it'll be easier for other members to find. 
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  • woodbine
    woodbine Community Co-Production Group Posts: 7,172 Disability Gamechanger
    edited December 2020
    He will need to apply for UC 
    https://www.gov.uk/government/publications/universal-credit-if-you-have-a-disability-or-health-condition-quick-guide/universal-credit-if-you-have-a-disability-or-health-condition

    I would also add that giving you just £20 out of £110 is a little unfair on you.
    Welcome to scope.
    Be extra nice to new members.
  • poppy123456
    poppy123456 Member Posts: 28,462 Disability Gamechanger
    HI and welcome,

    It will not be possible to re-claim the ESA because it no longer exists for new claims, as all areas are now Universal Credit. As he was found fit for work in June 2019 then this is exceeds the 13 months in which to request a Mandatory Reconsideration for that decision.

    To claim UC if he's not able to work then he will need a fit/sick note from his GP to start the work capability assessment off. Claiming PIP does not automatically entitle him to limited capability for work. To claim UC you will need to do this online here.

    UC is paid monthly and he will be entitled to £409.89 per month with the first payment 5 weeks after he first claims.

    As he's now living with you, if you're claiming any benefits yourself, like council tax reduction then you will need to report the changes to your local council.

    I also agree that him paying you just £20 per week, is really not alot of money at all and maybe you should consider increases that. If he lived alone then his bills would be a lot more than that.

    Hope this helps.

  • mokelly50
    mokelly50 Member Posts: 3 Listener
    Hello all and thank you for your advice. It looks like the consensus is that I need to apply for Universal Credit for him. I’ll get on to that. X
  • poppy123456
    poppy123456 Member Posts: 28,462 Disability Gamechanger
    No problem, Yes, that was the advice. Make sure you speak to his GP for the sick/fit note to start the work capability assessment process off. If you don't send this then the work capability assessment process will not begin.
  • chiarieds
    chiarieds Community Co-Production Group Posts: 12,265 Disability Gamechanger
    edited December 2020
    Hi @mokelly50 - I'd just like to welcome you to the community, as I see your query has been answered, & your grandson should now apply for UC. Please let us know if we can support you in any other way. I hope both you & your grandson are keeping well. :)

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