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Hi, my name is Welshwoman20! Can anybody advise me on benefits?

Welshwoman20

Can anybody advise me on benefits? I have worked all my life until Nov 2019 when I was hospitalised with severe pneumonia (I suspect it was really Covid) and diagnosed with underlying COPD. I had to give up work because it was a physically and mentally demanding job and my Employer was very akward and unhelpful. It took me 6 weeks to get over the pneumonia and in February 2020 I moved to Wales, just before Lockdown. Because I received a letter from the Chief Medical Officer advising me to shield because I was clinically vulnerable I eventually was able to claim contribution based ESA which I claimed from May 2020 until May 2021. During that year I was medically assessed for ESA and also for PIP. I wasn't disabled enough for PIP back then and the ESA assessment was inconclusive. I have recently reapplied for PIP and had my second telephone assessment for ESA 5 weeks ago (rang them last week but it had gone to a Decision Maker which makes me think I'm going to be turned down). I am at my wits end. We are struggling to pay bills and my condition has gone down hill in the last year. Any suggestions would be welcome.

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calcotti

Welshwoman20 said:

.. had my second telephone assessment for ESA 5 weeks ago (rang them last week but it had gone to a Decision Maker which makes me think I'm going to be turned down).

All decisions are made by a DWP Decision Maker. The assessment report is just an additional piece of evidence the DM has to consider when making the decision.

Have you used a benefits calculator to see if you are entitled to Universal Credit
https://www.gov.uk/benefits-calculators
If you are part of a couple then you both have to claim and entitlement is based on household circumstances. Applying for UC will end any Tax Credits you currently receive.

If you are put in the ESA Support Group then you will be entitled to the lCWRA element of UC.

If receiving both ESA and UC the ESA is deducted from the UC.

Welshwoman20

Thank you calcotti for information. I feel slightly more hopeful now re the ESA Assessment. We have applied for UC but were only entitled to £596.58 as a couple so by the time my partners state pension was deducted we owed them!!

Ross_Alumni

Hello @Welshwoman20

Welcome to the community, good to see you join us and I'm sorry to hear of everything you've been through these last couple of years. I hope that the above information has been helpful.

You mentioned that your condition has gotten worse this past year, do you receive any support from health professionals to manage things?

Welshwoman20

I think it's fairly obvious and will be proven eventually that Covid was prevalent in China and Northern Europe months before it was brought to the public eye. I was admitted to hospital with low oxygen levels. loss of taste and smell, muscle weakness and dry cough accompanied by fever. Many other people I have spoken to since suffered with horrific flu symptoms, nothing like they had ever experienced previously

calcotti

The earliest date I have seen suggested for COVID in UK is December 2019. (As far as we know) the earliest cases in China were only in November.

Welshwoman20

Hi Ross
So glad to have found this site. It makes me feel that I'm not on my own. I moved to Wales in February 2000 ( 100 miles away from family and friends). I had just registered with Doctors in my local town and was hoping to have some help to deal with my condition and pulmonary rehabilitation when Lockdown happened. My welcome appointment at the Surgery was cancelled and I was advised to shield, lack of exercise during that time meant that I have gained two stone in weight which hasn't helped my condition. Thankfully the asthma nurse at the surgery is very helpful when I have telephoned on several occasions and she has amended my medications to help me manage the side effects of my condition.

Welshwoman20

I would really appreciate further advice. After waiting 11 weeks I received the outcome of my ESA telephone assessment. I scored no points whatsoever and many of the statements were completely inaccurate and based on my ESA50 form that I completed last year (which incidentally they had recorded as dated this year in their letter). I have written requesting a Mandatory Reconsideration but the only household income we have had to live on for the last five months is my partner's state pension . I am due to retire myself in January so things will pick up then hopefully but the thought of Christmas fills me with dread. I have now had a call from UC stating that I need to look for work and I have an appointment next week at the job centre. My partner signed on for UC before retiring , when I was receiving ESA (contr based), and as we had to register as a couple I am still regarded as being on UC, even though I receive no money. I now wonder why I should bother to attend as they can hardly cut my benefits if I don't show. Will attending help or hinder my MR and will they be observing my mobility capabilities?

poppy123456

If you are eventually placed into the Support Group for ESA then even with the LCWRA element for UC, there will likely never be any entitlement to it. This is because the ESA and your partners state pension will be deducted in full so it will depend on how much your partners state pension is.

Welshwoman20

Thank you for replying. When I was on contribution based ESA, my partners earnings were not taken into account so I was under the impression that if I was put in the Support group of ESA it would just be based on my individual circumstances and nothing to do with UC. Obviously I am not looking at this in the right context and wasting my time going through all the anguish of the last months awaiting a decision and then fighting it. If they think I'm fit for work maybe I might be able to get new style JSA. Partner gets full pension btw £179.60 I think.

poppy123456

That's odd, i did reply to this but no idea where that went to. Anyway, my comment here was in relation to any furture UC entitlement, which was what your question was about.

poppy123456 said:

If you are eventually placed into the Support Group for ESA then even with the LCWRA element for UC, there will likely never be any entitlement to it. This is because the ESA and your partners state pension will be deducted in full so it will depend on how much your partners state pension is.

With regards to the ESA then you are correct your partners State Pension, savings/capital will not affect the amount you're entitled to. The only thing that affects it is a works pension of more than £85 per week, which will reduce it by 50p for every £1 over that amount.

For the MR and Tribunal, you need to make 100% sure that you qualify for the Support Group because if you don't then it would be pointless going any further because it's not paid past 1 year unless placed into this group. Not everyone qualifies for this group. See dexcriptors here. https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors

Substantial risk reg 35 is here. https://www.benefitsandwork.co.uk/news/2955-regulation-35-2-b-is-now-the-main-route-into-esa-support-group

Welshwoman20

Hello Poppy. Sorry, I am completely new to the benefits and work scenario. I was on contr based ESA from May 20 to May 21. I had one medical assessment in June 20 which was inconclusive apparently and waited till June 21 for my next which has come back with no points . Are you saying it's too late to qualify for ESA support group ? I have rung DWP so many times over the last twelve months and have been given so much conflicting advice that I have no idea where to turn. I am 100% sure that I qualify for the support group. If I was my outgoing , fit, self of years ago I would have been working through the pandemic and enjoying it.

poppy123456

Welshwoman20 said:

. Are you saying it's too late to qualify for ESA support group ?

No, that's not what i said. what i said was the NsESA is only paid for 1 year unless placed into the Support Group, You've already requested the MR which i'm assuming you're waiting for the decision of that. If you're not happy once it's been made then it's Tribunal.

If you're eventually placed into the Support Group you'll receive backdated money to the 14th week of your original claim.

Welshwoman20

Thank you. Will let you know what happens next.

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