- Posts: 12
× Members
need advice asap
- karenwb9
- Topic Author
- Offline
Less More
4 years 7 months ago #251386 by karenwb9
need advice asap was created by karenwb9
hi I'm at a loss and just don't know what to do, please help.
my husband went onto Esa cont. based (support group) in 2017 after ssp ended,. he was a nurse practioner for the nhs, his employments was terminated on the grounds of ill health June 2018 he was then able to have access to his nhs pension
He is also on pip enhanced for both elements he also claims and industrial injury benefit due to an injury he received while on duty.
I am on ESA contribution based (support group, I was on incapacity benefit in 2002 but migrated over in approx. 2008 I believe.
I am also on pip enhanced for both elements. both my husband and I claim Carers Allowance for each other and although we don't get any payment we do have the underlying elements.
Due to our conditions in may 2019 we moved into a 2 bed bungalow within the same local authority, we have always paid our rent so never had housing benefit or council tax claims, once my husband retired we started having financial difficulties , we had to borrow money from loans and family, rent was and is our priority. we were advised by a friend to try to get some help with our rent and on 15th august of 2019, I wrote to my local council to make a claim for housing benefit and council tax, they wrote back advising I could only make a claim through universal credit, I felt sure this advice was incorrect because we had entitlement to 2x severe disability premiums plus 2 x carers premiums. I have challenged this on numerous occasions with the Esa and they tell me I can only claim UC. I have sought advice regarding this matter on this site and advised I was correct. As we were struggling I felt we were left with no choice but to claim UC, which we did on 31st august 2019, we went through. trueing interview separate it was awful and difficult due to our conditions, no one at the job centre advised us we should have had a top up of ir Esa rather than be claiming UC. Our claim was processed and we got no help with HB it was a pointless process. my husband and I wrote in our Journal querying the housing benefit but were advised eventually that if we felt UC wasn't helping us they could close our claim, which we agreed, our uc claim was then closed at our request on 3rd march 2019 and closed back to 31st august 2019 when the claim began (as if the claim had never existed.)
In may 2020 with the help of a benefits advisor from our housing association, my husband filled out a claim form esa3 to apply for a top up of income related Esa this was granted and back dated to feb. 2020, however our benefit adviser believed it should have been backdated to august of last year due to our entitlements to sdp and Carers Allowance, a letter was then sent to request this. the DWP wrote back and have now withdrawn the income related Esa from feb 2020 saying it was an official error and that when we were advised to claim UC via our local council the information was correct, I don't understand this.
I requested a mandatory reconcideration and they have not changed their decision, stating paragraph 6 of schedule 4 and that the regulations state that a person must claim UC unless they have been receiving SDP during the month and it had ceased however that person still had eligibility. the letter goes on to say what existing benefits are.
until I had to try to claim housing benefit I didn't even know what a severe disability premium was, whether I had it but I do know we were entitled to it.
even though we are no longer claiming UC, I am being told I and now on the "New Style ESA because when a person claims uc you are automatically migrated onto the new style ESA. Something is very wrong and I just don't know what to do, we are missing out on our rent and council tax and to us that is approved. £7000 per year.
sorry the letter is so long winded I just didn't want to miss anything out, any advice would be much appreciate.
I believe you can not get New Style ESA if you either get SDP OR ARE ENTITLED TO IT.
kind regards
cannylass
my husband went onto Esa cont. based (support group) in 2017 after ssp ended,. he was a nurse practioner for the nhs, his employments was terminated on the grounds of ill health June 2018 he was then able to have access to his nhs pension
He is also on pip enhanced for both elements he also claims and industrial injury benefit due to an injury he received while on duty.
I am on ESA contribution based (support group, I was on incapacity benefit in 2002 but migrated over in approx. 2008 I believe.
I am also on pip enhanced for both elements. both my husband and I claim Carers Allowance for each other and although we don't get any payment we do have the underlying elements.
Due to our conditions in may 2019 we moved into a 2 bed bungalow within the same local authority, we have always paid our rent so never had housing benefit or council tax claims, once my husband retired we started having financial difficulties , we had to borrow money from loans and family, rent was and is our priority. we were advised by a friend to try to get some help with our rent and on 15th august of 2019, I wrote to my local council to make a claim for housing benefit and council tax, they wrote back advising I could only make a claim through universal credit, I felt sure this advice was incorrect because we had entitlement to 2x severe disability premiums plus 2 x carers premiums. I have challenged this on numerous occasions with the Esa and they tell me I can only claim UC. I have sought advice regarding this matter on this site and advised I was correct. As we were struggling I felt we were left with no choice but to claim UC, which we did on 31st august 2019, we went through. trueing interview separate it was awful and difficult due to our conditions, no one at the job centre advised us we should have had a top up of ir Esa rather than be claiming UC. Our claim was processed and we got no help with HB it was a pointless process. my husband and I wrote in our Journal querying the housing benefit but were advised eventually that if we felt UC wasn't helping us they could close our claim, which we agreed, our uc claim was then closed at our request on 3rd march 2019 and closed back to 31st august 2019 when the claim began (as if the claim had never existed.)
In may 2020 with the help of a benefits advisor from our housing association, my husband filled out a claim form esa3 to apply for a top up of income related Esa this was granted and back dated to feb. 2020, however our benefit adviser believed it should have been backdated to august of last year due to our entitlements to sdp and Carers Allowance, a letter was then sent to request this. the DWP wrote back and have now withdrawn the income related Esa from feb 2020 saying it was an official error and that when we were advised to claim UC via our local council the information was correct, I don't understand this.
I requested a mandatory reconcideration and they have not changed their decision, stating paragraph 6 of schedule 4 and that the regulations state that a person must claim UC unless they have been receiving SDP during the month and it had ceased however that person still had eligibility. the letter goes on to say what existing benefits are.
until I had to try to claim housing benefit I didn't even know what a severe disability premium was, whether I had it but I do know we were entitled to it.
even though we are no longer claiming UC, I am being told I and now on the "New Style ESA because when a person claims uc you are automatically migrated onto the new style ESA. Something is very wrong and I just don't know what to do, we are missing out on our rent and council tax and to us that is approved. £7000 per year.
sorry the letter is so long winded I just didn't want to miss anything out, any advice would be much appreciate.
I believe you can not get New Style ESA if you either get SDP OR ARE ENTITLED TO IT.
kind regards
cannylass
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51287
4 years 7 months ago #251407 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic need advice asap
cannylass
I'm afraid the DWP may be correct, there may be a way forward but it may involve a "fight" with the DWP.
Your problems stem from your making a claim for Universal Credit, once you did this your entitlement to legacy benefits ceased and as you have been told, your legacy ESA(CB) awards have been migrated to New Style ESA.
To overturn the Decision your argument is that you should have been in receipt of Income Related ESA prior to making your claim for UC and if you had been receiving ESA(IR) you would have been entitled to the Severe Disability Premium which in turn would have barred you from claiming UC allowing instead the retention of your legact ESA and a claim for Housing Benefit,
I need to correct you, while you were only receiving ESA(CB) you were not entitled to any Premiums, it is unfortunate that you did not ask to be assessed for ESA(IR) before you made your claim for UC.
You say that you were migrated to ESA(CB) from Incapacity Benefit, did the DWP contact you to see whether you were entitled to an Income Related ESA? If they did what was the result?
If you can show that you should have been receiving ESA(IR) on transfer from IB then you can argue that the SD Premium should have been in payment and you should not have been able to make a claim for UC, if successful then your legacy ESA should be put back into payment.
Failing that, you can try and argue that the DWP should have assessed you for ESA(IR) prior to allowing your claim for UC and if they had then they would have found that the SD Premium was payable.
Both of these arguments will require considerable accomodation from the DWP, do you still have access to the advisor you mention? Letters from them will carry more weight than those from yourself.
Gordon
I'm afraid the DWP may be correct, there may be a way forward but it may involve a "fight" with the DWP.
Your problems stem from your making a claim for Universal Credit, once you did this your entitlement to legacy benefits ceased and as you have been told, your legacy ESA(CB) awards have been migrated to New Style ESA.
To overturn the Decision your argument is that you should have been in receipt of Income Related ESA prior to making your claim for UC and if you had been receiving ESA(IR) you would have been entitled to the Severe Disability Premium which in turn would have barred you from claiming UC allowing instead the retention of your legact ESA and a claim for Housing Benefit,
I need to correct you, while you were only receiving ESA(CB) you were not entitled to any Premiums, it is unfortunate that you did not ask to be assessed for ESA(IR) before you made your claim for UC.
You say that you were migrated to ESA(CB) from Incapacity Benefit, did the DWP contact you to see whether you were entitled to an Income Related ESA? If they did what was the result?
If you can show that you should have been receiving ESA(IR) on transfer from IB then you can argue that the SD Premium should have been in payment and you should not have been able to make a claim for UC, if successful then your legacy ESA should be put back into payment.
Failing that, you can try and argue that the DWP should have assessed you for ESA(IR) prior to allowing your claim for UC and if they had then they would have found that the SD Premium was payable.
Both of these arguments will require considerable accomodation from the DWP, do you still have access to the advisor you mention? Letters from them will carry more weight than those from yourself.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- karenwb9
- Topic Author
- Offline
Less More
- Posts: 12
4 years 7 months ago #251451 by karenwb9
Replied by karenwb9 on topic need advice asap
hi Gordon
thank you for your response.
I was contacted by the Esa re income related due to the change in 2019 however we had some savings at this time and my husband was working, they said I wasn't entitled to anything and closed my claim.
yes I am still in contact with my benefits advisor, he works for the housing association I rent my property from. we have appealed and awaiting the forms for court.
I have explained all of this to the Dwp but it seems to have fallen on deaf ears.
We have had a further change of circumstance, my husband retired on his state pension on 7th sept. this year, we have been granted free council tax and have £12.00 per week to pay towards our rent, so at least that is good news, not sure how it was worked out but the council tell me its correct.
I still wish to go ahead with my appeal though as I do feel we have been unfairly treated.
if you can add anything thing else to help our cause that would be brilliant and thanks again for your previous advice, regards cannylass
thank you for your response.
I was contacted by the Esa re income related due to the change in 2019 however we had some savings at this time and my husband was working, they said I wasn't entitled to anything and closed my claim.
yes I am still in contact with my benefits advisor, he works for the housing association I rent my property from. we have appealed and awaiting the forms for court.
I have explained all of this to the Dwp but it seems to have fallen on deaf ears.
We have had a further change of circumstance, my husband retired on his state pension on 7th sept. this year, we have been granted free council tax and have £12.00 per week to pay towards our rent, so at least that is good news, not sure how it was worked out but the council tell me its correct.
I still wish to go ahead with my appeal though as I do feel we have been unfairly treated.
if you can add anything thing else to help our cause that would be brilliant and thanks again for your previous advice, regards cannylass
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51287
4 years 7 months ago #251452 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic need advice asap
cannylass
The fact that you had savings only supports the DWP's case.
Your only chance of overturning this Decision is for you to show that you were entitled to ESA(IR) but not being paid it immediately prior to your claim for UC but I have to stress this is a long shot, you are trying to show that the DWP was in error but you also need them to accept this.
You obviously had less than £16,000 in savings and assets or you would not have been able to claim UC, did you inform the DWP of this before you made the claim? You risk them saying that it was your responsibility to inform them of the change and if you did not then all of the following Decisions were correct.
It's important that you understand that the legislation is not on your side, your only route to Housing Benefit at the time was via UC.
Gordon
The fact that you had savings only supports the DWP's case.
Your only chance of overturning this Decision is for you to show that you were entitled to ESA(IR) but not being paid it immediately prior to your claim for UC but I have to stress this is a long shot, you are trying to show that the DWP was in error but you also need them to accept this.
You obviously had less than £16,000 in savings and assets or you would not have been able to claim UC, did you inform the DWP of this before you made the claim? You risk them saying that it was your responsibility to inform them of the change and if you did not then all of the following Decisions were correct.
It's important that you understand that the legislation is not on your side, your only route to Housing Benefit at the time was via UC.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- karenwb9
- Topic Author
- Offline
Less More
- Posts: 12
4 years 7 months ago #251454 by karenwb9
Replied by karenwb9 on topic need advice asap
hi gordon
we did have less than £16000 in assets and currently have quite a bit of debt and no we didn't inform the DWP of this before making the claim for UC.
we have never claimed housing benefit and the benefits are a minefield.
not looking good for us really but we can only try
regards
cannylass
we did have less than £16000 in assets and currently have quite a bit of debt and no we didn't inform the DWP of this before making the claim for UC.
we have never claimed housing benefit and the benefits are a minefield.
not looking good for us really but we can only try
regards
cannylass
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David