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ESA pending appeal and backdatings
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8 years 9 months ago - 8 years 9 months ago #164181 by Gordon
You will only be sanctioned if the meeting has been declared as mandatory, this must be stated in writing, in advance.
If you are sanctioned then the penalty will remain in place until the missed activity is completed.
Any sanction will apply to the Personal Allowance, currently £71.40 for a single adult over 25.
Missing additional mandatory activities will result in additional sanctions, although these will not increase the amount being sanctioned it will increase the time they apply for. See
ESA Sanctions
You can go abroad for up to four weeks without it affecting your ESA claim, you should notify your JC+ advisor in writing of the dates you will be away, being away from home would be Good Cause for an MR against a sanction.
Gordon
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Replied by Gordon on topic ESA pending appeal and backdatings
SCHOPENHAUER wrote: hi, tomorrow is nightmare time (I have an interview) so I need to prepare for the bi-weekly battle.
It is my understanding that if I don't go to the interview, they will ''sanction'' me, i.e. they will detract the WRAG component, about £ 30. But they can't take away the standard ESA payments. Am I correct?
Also, I need to go abroad for up to 4 weeks, but no over. How does it works, do I let them know in writing?
What happens if I will not go to several interviews, other than getting sanctioned? Would the ESA stop completely?
Thanks.
You will only be sanctioned if the meeting has been declared as mandatory, this must be stated in writing, in advance.
If you are sanctioned then the penalty will remain in place until the missed activity is completed.
Any sanction will apply to the Personal Allowance, currently £71.40 for a single adult over 25.
Missing additional mandatory activities will result in additional sanctions, although these will not increase the amount being sanctioned it will increase the time they apply for. See
ESA Sanctions
You can go abroad for up to four weeks without it affecting your ESA claim, you should notify your JC+ advisor in writing of the dates you will be away, being away from home would be Good Cause for an MR against a sanction.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 9 months ago by Gordon.
The following user(s) said Thank You: Invisible
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8 years 9 months ago #164214 by Invisible
Replied by Invisible on topic ESA pending appeal and backdatings
Thanks. For a mandatory interview, the letters will state something like this:
'' Do I need to come to the interview? Yes you must take part. If you don't, your benefit could be affected''.
Correct? Thanks
'' Do I need to come to the interview? Yes you must take part. If you don't, your benefit could be affected''.
Correct? Thanks
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8 years 9 months ago - 8 years 9 months ago #164234 by Gordon
My understanding is that it should include the word mandatory in any letter where the activity is.
If in doubt check with your JC+ advisor.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA pending appeal and backdatings
SCHOPENHAUER wrote: Thanks. For a mandatory interview, the letters will state something like this:
'' Do I need to come to the interview? Yes you must take part. If you don't, your benefit could be affected''.
Correct? Thanks
My understanding is that it should include the word mandatory in any letter where the activity is.
If in doubt check with your JC+ advisor.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 9 months ago by Gordon.
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8 years 9 months ago #165015 by Invisible
Replied by Invisible on topic ESA pending appeal and backdatings
Thanks, Gordon. I really never check anything with the JC advisor. In my experience, they are the worst person to ask, the reason being that they never say anything that helped ME. Their prerogative seems to be to do what they can to get me off the benefits, not to help me to do anything that could actually benefit me.
I have not seen the word 'mandatory' on any interview appointment yet.
What happens if I refuse to go to an interview BEFORE they print the letter out? I asked my 'advisor' if I could do the interview 1 day earlier and she just refused.
I am going to see this bully tomorrow. I think I have had enough. So far I went to 3 interviews in less than a month and all that was achieved was wasting my time. I was actually looking forward to 'explore ways to get back into work'.
I have not seen the word 'mandatory' on any interview appointment yet.
What happens if I refuse to go to an interview BEFORE they print the letter out? I asked my 'advisor' if I could do the interview 1 day earlier and she just refused.
I am going to see this bully tomorrow. I think I have had enough. So far I went to 3 interviews in less than a month and all that was achieved was wasting my time. I was actually looking forward to 'explore ways to get back into work'.
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8 years 9 months ago #165018 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA pending appeal and backdatings
SCHOPENHAUER
All of these matter should be a discussion topic between you and your advisor taking into account your limitations as detailed on your ESA50.
I can't see why you cannot refuse a date up front but I think you should be prepared to explain why and to be willing to consider an alternative date.
Gordon
All of these matter should be a discussion topic between you and your advisor taking into account your limitations as detailed on your ESA50.
I can't see why you cannot refuse a date up front but I think you should be prepared to explain why and to be willing to consider an alternative date.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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