Hi, I'm Heidi27! Stress over decision to stop son's ESA.

Heidi27

Hi peeps, 
joined here coz had a huge problem with DWP. Sons ESA was stopped. He was doing permitted work but as a term time worker so earnings are supposed to be averaged over 52 weeks. They just took it for a week, so obviously over weekly amount but not of an average. Ignored information and just stopped it. Asked for MR and wouldn’t change it. So he was stripped of £200 pw and not entitled to anything on UC as earnings too high. After complaining they said he owed ESA from last year too using incorrect and obviously working term time only, as stated. On MR this was squashed but felt it was victimisation. Still said right to stop ESA. Tried to put in an appeal but when cut and paste what written into website wouldn’t accept it so emailed them. They emailed back and said has to be via website. Explained again couldn’t and asked to accept it via email. Went via MP too. Also wanted to take complaint further but told by DWP can’t complain whilst doing appeal! Not what I read! So I can’t take it to independent case examiner! Just told appeal not accepted. So too late and not allowed to put in a complaint. Wrote to me saying ‘concerned of stress’ I was complaining about being appointee for my son! Gaslighting me! Stress if it has really badly affected my health. My son (asperger) is trying to get a full time job as he can’t afford car loan. Needs a car for work. Left in a desperate financial situation. I think he will struggle full time working. He barely even attended school (was very problematic). He’s had stomachs issues for years and being investigated. Causes fatigue and he has a sleep disorder and struggles to sleep. It is going to be very hard for him albeit I’ve not said this too him. I’m proud of him riding to the challenge and only encouraged him. I pray he’ll be ok. 

Anyway. MP has just agreed wit DWP so pointless! I don’t see how this is legal! They have completely ignored their own regulations and I sent them the evidence! Totally stripped of any rights to complain! Blatant lies and completely ignored regulations info sent! Unbelievably damaging to my son snd myself! Stress has been horrendous. We feel completely helpless sbd victimized. 

Cher_Alumni

Hi @heidi27 and a warm welcome to our online community. I'm sorry it's under such stressful circumstances you join us. It sounds like you've been through the mill with this 

I wondered if you'd sought advice from a local welfare representative when navigating this? They are professionally trained and would hold you in good stead to getting the rightful outcome. We recommend members visit the Advice Local website to find someone close by and I'd really encourage you to do this.

How are you and your son coping? Do you have support with your mental health from a GP or other care practitioner? And also, is your son getting medical input with his stomach condition?

I've moved your thread to our Employment and Support Allowance category and tweaked the title to help others savvy in this area spot it and offer their wisdom.

We really wish you all the best. Take care and I hope things can come to a positive resolution for you.

calcotti

An appeal to the tribunal service doesn’t have to be online. If you are having difficulty doing it online you can do it by post
https://www.gov.uk/government/publications/appeal-a-social-security-benefits-decision-form-sscs1
if it’s less than 13 months since the MR decision you can still appeal.

Regards UC, payments are based on income received so he may not be entitled while being paid during term but would get paid in periods when he is not paid.