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Effect on refusal of PIP on ESA & HB

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6 years 9 months ago #193852 by IlonaM
Effect on refusal of PIP on ESA & HB was created by IlonaM
I discovered by chance this morning that, following the refusal of my PIP application in May, the DWP had stopped payments of ESA (support group rate) leaving me over my agreed overdraft facility and without access to money. The last payment of ESA was on 12th May 2017. I found out there was a problem from a text from my bank. I have received no communication from the DWP about this and it came as a very nasty shock at 6am. Unfortunately I had not picked up on this when checking my account.

I was previously in receipt of DLA (high rate mobility, low rate care) and had to apply for PIP earlier this year. After a laughable medical assessment I was refused and I have submitted a request for Mandatory Reconsideration which is still pending.

Whilst the DWP has acted quickly to pay me backdated ESA (promising that it will go into my account today), they have informed me that it will no longer have the disability premium as I do not receive DLA.

This news has left me with a couple of questions:

1) If I subsequently win PIP by MR or appeal will the disability premium for ESA be backdated?

2) If I have an ongoing MR/appeal for PIP should the disability premium for ESA be lost?

3) How does the loss of the disability premium affect housing benefit? I think I have a disability element in that. Presumably I now have to check with the council that they are paying me the right amount?

4) How does the loss of DLA, and current PIP MR/appeals process, impact upon the London Freedom Pass and Taxicard?

I am feeling rather confused and shell-shocked.

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6 years 9 months ago #193869 by Gordon
Replied by Gordon on topic Effect on refusal of PIP on ESA & HB
Ilona

1. Yes but you will have to "re-apply" and show that you circumstances have not changed.

2. No it can't be paid, eligibility is predicated on your having a qualifying DLA or PIP award.

3. It will reduce your applicable amount, this may not affect your HB depending on your circumstances, The loss may also impact on any Council Tax reduction that you receive.

4. Sorry no idea, you will need to contact Transport for London, but if the DLA is an enabling benefit, then it's loss may remove entitlement to the passes.

Gordon

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

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6 years 9 months ago #193870 by IlonaM
Replied by IlonaM on topic Effect on refusal of PIP on ESA & HB
Thank you Gordon for taking the time to reply.

The ESA award was reinstated at appeal earlier this year. Is it possible to request a mandatory reconsideration of the decision to remove the disability element? - I won on mobility (or lack of) points.

I'll get in touch with HB tomorrow and hope there's not too much of an impact.

My freedom of movement will disappear if the cards are affected.

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6 years 9 months ago #193887 by Gordon
Replied by Gordon on topic Effect on refusal of PIP on ESA & HB
Ilona

I'm afraid you cannot appeal the removal of the Premium, eligibility is linked to your having a qualifying DLA or PIP award and as you don't the Premium cannot be paid, if your PIP appeal is successful then the Premium becomes payable again.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 9 months ago #193889 by IlonaM
Replied by IlonaM on topic Effect on refusal of PIP on ESA & HB
Thank you for clarifying that Gordon. So the message isto concentrate on winning the PIP MR/appeal. I have written to DWP requesting explanation as to why there was no communication/notification about the stopping of ESA in May.

God, it is never ending.

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