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ESA question & PIP

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7 years 3 weeks ago #182530 by Cass12345
ESA question & PIP was created by Cass12345
My son, a uni student who has not been attending at all due to health issues, applied for ESA a few months back and we have been submitting sick notes regularly.
Last week he attended the medical assessment and we are awaiting the outcome, but think it went ok.
2 weeks ago he attended the first job focussed interview. The lady asked him to go home and come back later with details of his student bursary- student finance loan basically. We had already submitted details ( I think) with the application by post. He is in receipt of a student finance loan, and also dsa’s, and we are unclear on how this may affect his entitlement to ESA? He has no savings, no income, and constantly goes overdrawn.
2 days ago we received a letter saying “we have looked at your claim again following a recent change. From April 17 the rates of some benefits may change. We cannot pay you ESA from 1.10.16. You are not getting any more income related ESA. We cannot pay you because you have not paid, or been credited with enough NI contributions. We have used tax years 14/15 to assess your claim. You are required to immediately report any change in circumstances to us…….we may still credit you with NI while claiming ESA.”

What on earth does this mean? We really can’t understand it. If he can’t have ESA, what can he claim? He’s gone through the assessment, been submitting the sick notes, genuinely has mental health problems, no income, no savings, and no way can he go for JSA – he can’t manage to attend weekly or do what he is required to do and that process just flopped completely when he tried last year.
Also, if ESA is being stopped, does this mean he has to pay back what he has so far been paid?

Also he is still a uni student but not attending, how will the student finance this impact?

Thank you, we are really muddled right now.

Also we attended a PIP appeal and it was refused , he still has 0 points. We’ve asked for a statement of reasons. It makes no sense at all. They said in the refusal we were both credible witnesses.

Then , a few days later we got a letter from DWP saying they are assessing a new Pip claim – how did that happen?

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7 years 3 weeks ago #182551 by Gordon
Replied by Gordon on topic ESA question & PIP
Cass

Whether by intent or by mistake I am guessing that your son has applied for Contribution Based ESA only and as he has probably never worked full time then his claim has been refused.

He can make a new claim for Income Related ESA from the same date and providing he meets the income rules, they will take into account the money he gets for his course, he should be able to claim.

As to the PIP, there is no reason for the DWP to have started a new claim, unless one was made. Did he report a deterioration of his conditions?

Gordon

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7 years 3 weeks ago #182625 by Cass12345
Replied by Cass12345 on topic ESA question & PIP
Thank you; how does he make a new claim? We're a bit lost because the original claim was dealt with over the phone and he can;t remember if they asked him on what basis he wanted to claim and he wasn;t aware he could claim under one of 2 categories.
We've looked through the acknowledgement letter they sent out originally and the "Customer statement" but there's no reference anywhere on the form to whether he's claiming under NI basis or income basis.

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7 years 3 weeks ago #182628 by Cass12345
Replied by Cass12345 on topic ESA question & PIP
he did report deterioration of the condition at the appeal, with evidence. But appeal was rejected and he did not re-apply for PIP.

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7 years 3 weeks ago #182640 by Gordon
Replied by Gordon on topic ESA question & PIP

Cass12345 wrote: Thank you; how does he make a new claim? We're a bit lost because the original claim was dealt with over the phone and he can;t remember if they asked him on what basis he wanted to claim and he wasn;t aware he could claim under one of 2 categories.
We've looked through the acknowledgement letter they sent out originally and the "Customer statement" but there's no reference anywhere on the form to whether he's claiming under NI basis or income basis.


www.gov.uk/pip/how-to-claim

Gordon

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7 years 3 weeks ago #182641 by Gordon
Replied by Gordon on topic ESA question & PIP

Cass12345 wrote: he did report deterioration of the condition at the appeal, with evidence. But appeal was rejected and he did not re-apply for PIP.


I wondered if the DWP had started a new claim due to this but they would have exceeded their authority if they had.

Gordon

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