IR ESA sorted out with DWP NOW HB and CTax reduction stopped ... advice please

Apollo14LMP

Hi,

I posted recently regarding my ESA IR issues. The DWP made an error stopped my IR ESA and put me on CB ESA. This was due to them wrongly taking away Carers premium on my claim. Got advice here and sorted it.

Today I get two nasty letter from the Council- 

One telling me my Housing Benefit was being stopped ...
Two  a demand for £558.83 in council tax payment till year end.

They were made aware that the DWP had changed my IR ESA to CB ESA and assume I have enough money to live on !

I do not have a current award letter the DWP has not sent one. the last one is wrong ...

What can you do ? why should I - someone on PIP and ESA have to sort the DWP mistakes out ??? they are a nightmare ... 

I have written a reconsideration email - I have told them the DWP are wrong. Spoke to the DWP for the tenth time and they have told me their computers show me in receipt of IR ESA (told me to tell council to go and look at their data sources and they will see IR ESA not CB ESA. In the same way as they saw the error putting me on CB ESA).

I want to complain I suffer anxiety and PTSD (diagnosed), and this is all stressing me and affecting me badly - what can I do.

I have just finished a 4-year court battle with the DWP and council over HB and UC which they settled out of court.

I am concerned about my own health but worry for others who get this treatment.

Is there anything I can do about this - the council should check their data is correct before throwing people under a bus!

I feel the need to do something about this, times are hard enough and these people who should help and care dont seem to give a hoot I cannot tell you how bad I feel .. i feel hounded and tormented very angry .... a stand is required - a complaint ? do they ever listen ?

Anyone offer advice please ... 

poppy123456

Speaking from past experience, DWP share information with local Authorities so with the issues you had with your ESA this is likely why your HB and CTR has been suspended. You will need to contact your LA to tell them whats happened.

I would expect ESA to send you a letter confirming your payments with a breakdown so you can then send that to your LA as proof.

calcotti

Ring the council benefits team and explain that it was an error by ESA which has now been corrected. If ESA have updated the award the council should be able to see this because they have access to DWP information. 

Apollo14LMP said:.. - the council should check their data is correct before throwing people under a bus!

At the time the letters were issued the DWP data was presumably showing CB-ESA only. As far as council knew they were using correct data - it's not for them to query the data supplied by DWP.

Apollo14LMP

Can anyone tell me if you CAN get CB ESA if you get housing benefit? even with a pension of £55.03 weekly ... 

IR ESA is automatic HB, what about CB ESA ?
I am just interested how that works - compared to IR ESA.

Still no word about my HB - so not very happy.... 

poppy123456

That's a moot point anyway for you because in your previous thread here https://forum.scope.org.uk/discussion/98097/deductions-pensions-carers-premium-stopped-for-no-reason-advice-and-help-please#latest it was determined that your ESA is entirely Income Related.

calcotti

CB-ESA only would not passport to full HB. Any HB claim would be assessed on finances. If a local authority sees a claimant has stopped receiving income based benefits they would likely suspend the HB and seek further information from the claimant so that an assessment of entitlement could be made following which HB would be reinstated (at whatever rate applied) or closed.

Apollo14LMP

Full HB and C Tax Reduction now resumed. Formal complaint to Council who quickly responded regarding the issues I had which is fair play. They could now see my IR ESA on the "Limited data" they receive. so, I think the complaint helped.

Got an apology for demanding extra data and copies of ESA letter etc. They could have simply checked their computer. Quick enough to stop you benefit! time and time again ... 
Thanks to my helpers for support and knowledge.

I did not know how the CB ESA HB calculation worked, best to understand how things work isnt it.

Looking forward to some beers tonight and watching Artemis 1 launch for the Moon tomorrow takes me back 50 years since I saw Astronauts Moonbound ....

Have a good week all.... and thank you  ... for all you do