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ESA letter out of the blue

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6 years 2 months ago #225596 by karen
ESA letter out of the blue was created by karen
My daughter has been in the support group for ESA for about 2 years , suddenly we have recieved the esa 50 form saying they will be reviewing her

Then a standard letter saying her money was dropped from April to £57 a week,

Before paper work in.

Do I need to send evidence with ESA, very worried why she’s being looked at, we just completed pip for Aug last year & I wasn’t expecting any more from then for 10 years

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6 years 2 months ago #225618 by Gordon
Replied by Gordon on topic ESA letter out of the blue
Karen

Virtually all ESA claims are reassessed on a regular basis so there is nothing unusual in your daughter receiving this form.

You should treat this as a new claim for ESA and complete the form in detail and supply evidence as you can, even if it has been supplied before. Please use our ESA Claim guides to help you complete the form.

www.benefitsandwork.co.uk/help-for-claimants/esa1

You said in your post that your daughter's ESA has been reduced, do you know why?

Gordon

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

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6 years 2 months ago #226126 by karen
Replied by karen on topic ESA letter out of the blue
I have now recieved the esa benefit better saying my daughter is no longer entitled to the severe disabilyt payment from April even though form not due in yet.

I said I was appealing this & Sent a letter.

I have now had a missed call about the severe disability element.
I rang about it and was to,d because she’s at residential disabled college they say she doesn’t need that element because her care needs are being met.....
The council says we owe over 2k towards her care.
Pip takes off the days she is at college , so just recieved equivalnet of 3 nights.
I feel we are just in the middle.
What is the truth in all this?

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6 years 2 months ago #226152 by Gordon
Replied by Gordon on topic ESA letter out of the blue
Karen

You probably need to get face to face advice on this as you need someone who can act on your behalf, which we cannot do on the forum. Do an Internet search for "welfare advice" with your postcode, town or county.

Based on a quick look at the legislation, I believe that the ESA team are wrong in their Decision, the legislation refers to;

"the claimant is in receipt of the care component"

From your post your daughter is and it is in payment albeit at a reduced rate not that I see any requirement for payment to be made.

However, there is a potential issue as to whether she is considered to be living alone when she is at college and at home, you don't mention her living arrangements so I can't comment further.

Gordon

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

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6 years 2 months ago #226175 by karen
Replied by karen on topic ESA letter out of the blue
She is in residential college with 24 hr carer there for her & others.

She comes home fr to mon 3 nights, holidays & hospital appointments etc.
She will be leaving in July to live back at home.

It does seem a very strange decision as she is not independent & needs support.

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6 years 2 months ago #226178 by karen
Replied by karen on topic ESA letter out of the blue
Hi Gordon
I managed to speak to someone for advice, she says wait until they write to us.
I think I was mistaken by saying K got the severe disability premium it’s actually the add on for being in the support group she’s been getting.
£115.80 a week
Which the letter said was dropping to £57 from April 19 whilst they haven’t even considered her esa50 and medical evidence I sent in.
I don’t have a letter actually laying out how her benefits is made up, we were waiting a long time at basic rate & when I queried it kept getting told it was just the backlog, it went up months later with no explanation about 18 mths ago

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