placed in support group but still no money

Thank you Gordon. I have got my MP involved and it was a Manager that I spoke to at the DWP. They still seem to be fixated on NI contributions and the fact that the ESA1 was generated by them as a consequence of it being 6 months sice they last paid me anything. However, I dont understand based on their logic how they can be paying me at all as I have not built up any NI credits from work in the interim due to my poor health. I was also advised hat the ESA1 was associated with the Supersession claim and advised to fill it in. Talk about making up rules to suit. The genuine ones are hard enough to follow!

Hi b,

"On top of that they had paid the money into my old closed account which is in arrears and on a debt management token payment plan despite me providing my new basic bank account etails on the ESA1 I returned."

If you have proof that The DWP had been informed in writing that they should not pay it into the "old closed account" and that you provided written details of your "new basic bank account", you should make a complaint.

Further, Banks are not supposed to use certain benefits to offset debt.

So as well as the DWP you can complain to the Bank also, if necessary/appropriate.

S187 of the Social Security Administration act 1992 provides certain benefit to be : inalienable

"187.—(1)Subject to the provision of this Act, every assignment of or charge
on–

(a) : benefit as defined in section 122 of the Contributions and Benefits Act;

[(aa) jobseeker’s allowance;]

[(ab) state pension credit;]

(b) any income-related benefit;

or

(c) child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of a beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors."

From :

www.legislation.gov.uk/ukpga/1992/5/section/187/enacted

There is also something called : First Right of Appropriation

Although this is supposed to be done before any monies hit your Bank Account, it may add further leverage.

Hope this helps.

bro58

Gosh thanks. You are all so knowledgeable. Thank heavens for all of you. Incidentally, I did get my MP involved as I said in my last post but his support team were unaware of the regs you quoted per example 7 in an earlier post about time limiting etc. I rave about this website and the fabulous work you all do. So, in short, I have involved my MP and he is really helpful but he doesn't understand the ins and outs like you all do.

Thanks for info about bank etc. I will get complaining......all I seem to do these days!

Hi Gordon. Date on letter is 11th June and it just says 'we have looked at your claim again following a recent change.....from 12th April your ESA will be £108.15 per week.....this is because of a decision on your capability for work. You have moved from the WRAG to the Support Group.....'

Hi b,

For your reference, and that of your M.P. : Section/Regulation 52 of the Welfare Reform Act 2012.

Under "CHAPTER 2 Employment and support allowance" entitled " 52. Further entitlement after time-limiting"

Of :

www.legislation.gov.uk/ukpga/2012/5/contents

bro58