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ESA Nightmare

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5 years 5 months ago #229123 by Hughie
ESA Nightmare was created by Hughie
Hi
I am really hoping I can receive some positive advice with an issue a lady I know has in regard to her ESA. This lady attends the same Support Group as I do, and we generally chat about benefits etc, She has had the following problem for over a year now, with no resolve whatsoever in sight.
This lady was on ESA until it was stopped in April 24th 2017. This was following a medical assessment. She was then told to apply for UC but she also appealed the decision stopping her ESA. As a result of claiming UC, she yells me she no longer received £126 a month limited capability for work allowance and she no longer received the SDP of £60 a week she was getting as she was living alone and in receipt of PIP.
She duly attended her Appeal hearing on Jan 4th 2018, and the hearing was allowed. She naturally assumed everything would then go back to how it was. On Feb 28th, her UC Journal did inform her she would start to receive her £126 a month limited capability for work payment back. However, UC has insisted the "missing" £60 has nothing to do with them, and the ESA department also insist it is not their concern. She even involved her MP (who, surprise, surprise), has now become almost impossible to contact in pursuance of the matter. This lady has no idea whatsoever as what to do now, or whom to write to in the DWP, department-wise or personnel. I am just hoping Gordon or/and the readers might give the answers she desperately needs. Thank you for your consideration.

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5 years 5 months ago #229136 by Gordon
Replied by Gordon on topic ESA Nightmare
HughJulie

I'm afraid the loss of income is correct.

Having claimed UC they cannot return to ESA and UC does not have an SD Premium. The government is supposed to be passing legislation that would provide compensation for the loss but there are concerns over the wording and there is a long queue of outstanding legislation due to Brexit.

Gordon

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

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5 years 5 months ago #229181 by Hughie
Replied by Hughie on topic ESA Nightmare
Thank you Gordon. I will relay the message to my friend. It is strange that even though she won the appeal, it has not automatically put her back where she was, as I think that was the point of her appealing. I understand the law is the law, but that is a strange one. May I ask if there is perhaps any way she can actually keep tabs on the process of what might be happening? Regards:-Hugh.

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5 years 5 months ago #229188 by Gordon
Replied by Gordon on topic ESA Nightmare
HughJulie

Probably the easiest way would be to subscribe to the newsletter, top of the page, you don't have to be a member.

Gordon

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

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