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ESA with IR restriction

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4 years 11 months ago #234293 by Justm3x
ESA with IR restriction was created by Justm3x
I have today found out that the DWP have put a restriction on the top up of IR ESA. I have been on ESA support contribution based for some years.
March of last year they asked me to provide bank statements and a completion statement of a house move that happened in 2016!! even though i sent them everything they needed at the time.
I had the completion letter but had to approach the bank about the bank statements as there were 60 odd pages. I called the DWP and told them i would have to apply to the bank for the statements but it shouldn't go over the send by date on the letter. Sadly Natwest on three occasions sent the wrong bank statements, so much so they were so embarrassed by their error, they sent me flowers. I called the DWP and told them of the error and that now it would go over the send by date,which they noted.

Finally sent everything off and didn't hear any more from the DWP, meaning i was on contribution anyway so capital didn't matter.
I recently had a benefit check done and they stated i should be entitled to a IR top up, as i have no savings and low income. I called the DWP only to find out that ive had a restriction put on my benefit because I didn't send back the info requested back in March 2018 by the date it was due.. I didn't receive anything back in 2018 telling me about the restriction... what can i do?

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4 years 11 months ago #234309 by Gordon
Replied by Gordon on topic ESA with IR restriction
Justm3x

The DWP cannot limit your ESA payments without a Decision being made and a Decision has to be notified in writing to the claimant, so I would start by asking for a copy of the Decision and its basis in law.

You can then request a Mandatory Reconsideration of the Decision if necessary but it could also just be a case of supplying the required information.

Gordon

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

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4 years 11 months ago #234314 by Justm3x
Replied by Justm3x on topic ESA with IR restriction
Thanks Gordan, im waiting for someone to call me with a VERBAL decision, so i was told... I didn't receive the letter or any other paperwork they are talking about... So in theory since March 2018, i should have had IR top up.... she asked me why i'd left it a year to contact them, because i had assumed i was just on contribution based, i didn't understand the benefit process.

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