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ESA stopped when partner claimed JSA

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7 years 1 month ago #181020 by Alice10
ESA stopped when partner claimed JSA was created by Alice10
Sorry this is a bit complicated but here goes...

I have been getting contributions based ESA (Support Group) due to a long term disability. My husband lost his job, and put in a claim for JSA, giving my details along with his as you have to do, and stating that I was receiving ESA and DLA. A week later my ESA was stopped stating it was because of the JSA claim. We then realised after reading around, that we should have added him to my ESA claim, rather than him making a claim for JSA. I rang the ESA to tell them that we'd made a mistake and to ask if my ESA could be reinstated if he cancelled his JSA claim (which he did immediately), and we would add him in to my ESA claim, which we hadn't realised we could do. They said that would be fine, and that my payments would continue as normal. When I received no further money I rang them again, and they said I'd been give incorrect information, my claim couldn't be reinstated, and I would have to make a new application for ESA.

A couple of days later he found a job, thankfully.

My question is, is it correct that my claim definitely can't be reinstated? My ESA was stopped on 20.01.16, I received the letter telling me this on about 27.01.16 and rang them to tell them he would stop his JSA claim, and was (incorrectly?) advised my ESA could be reinstated, on 30.01.16.

If it is definitely correct, what should I do? Should I put in for Mandatory Reconsideration? Is there any chance of success? What should I tell them? That it was all a mistake, and we were under the misapprehension that I could still receive ESA even though he was claiming JSA (because this is what we remember happening last time)? Or should I tell them something else? We both seemed to remember that last time he was unemployed, about six years ago, he applied for JSA, and my ESA was unaffected. We're sure this was the case because after a certain period of time, his JSA was reduced to about £20 pw because I was getting ESA. It seems wrong that when he entered my details on his application and said I was getting ESA and DLA, he wasn't alerted to the fact that the correct course of action was for me to get him added into my existing ESA claim. He was told 'this is a better idea' when he rang up to cancel his claim.

I am very worried that if I have to apply for ESA all over again I will not be put in the Support Group.

Thanks for any help or advice anyone can give.

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7 years 1 month ago #181047 by Gordon
Replied by Gordon on topic ESA stopped when partner claimed JSA
Alice

There is something fundamentally wrong with what the DWP have done and you should contact them back and ask to speak to a manager. I can see no reason why your claim has been closed based on what you have told me.

If your claim was for Contribution Based ESA only then your husband claiming JSA should have had no effect on your claim, even if he claimed Income Related JSA, his JSA should be reduced by your ESA(CB).

Even if you were receiving Income Related ESA as a top-up then it should have been your husbands JSA that was refused and not your ESA as he would already been part of your claim.

If you he was able to JSA(CB) then it would not effect your ESA(CB) although it might have effected any ESA(IR) payment.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Alice10

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7 years 1 month ago #181063 by Alice10
Replied by Alice10 on topic ESA stopped when partner claimed JSA
Thank you Gordon. That gives me hope. No, I've only ever received CB ESA, not IR, or any top up. He was awarded CB JSA based on his NI contributions. If I understand correctly what you've written, his JSA award shouldn't have affected my ESA? They have definitely made a mistake in closing my claim?

So it should have happened as it did last time he was unemployed, i.e. I keep my CB ESA, and he gets CB JSA and the two are in effect separate until such point as IR comes into effect for his JSA (I think last time it was perhaps after six month of CB JSA)?

I don't really understand about joint claims. He had to put all my details as his partner on his JSA claim, I guess so they knew what our household income was. So I didn't need to add him to my ESA claim as I've been advised by the DWP (not that it matters now as he's in work again so we didn't get that far), it was always fine for him to claim JSA just for himself, and it shouldn't have affected my ESA claim at all?
The following user(s) said Thank You: helenw

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7 years 1 month ago #181064 by slugsta
Replied by slugsta on topic ESA stopped when partner claimed JSA
Hi Alice,

Your understanding is correct and the lash-up is of DWP making! :angry:

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Alice10

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7 years 1 month ago #181301 by Alice10
Replied by Alice10 on topic ESA stopped when partner claimed JSA
I've rung them back and they have finally admitted that they were wrong to stop my ESA because my husband had claimed JSA! So, thank you so much for your advice, without it I wouldn't have been sure that it was a mistake they'd made.

They said, however, that they can't reinstate my ESA yet because my husband's JSA claim is still open. It's been two weeks since he told them he didn't want to claim it, and he is still getting letters about what they will be paying him. He's asked twice now for it to be closed down, hopefully they will do it soon.

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7 years 1 month ago #181360 by Gordon
Replied by Gordon on topic ESA stopped when partner claimed JSA
Alice

Glad to hear that the admitted their error although they still seem to be misunderstanding the situation from what you have posted!!!

:( :angry:

Gordon

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