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PIP renewal declined
- Tuliptrees
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4 years 6 months ago #251916 by Tuliptrees
PIP renewal declined was created by Tuliptrees
So I learned today that my PIP renewal has been refused. As yet I haven't received a copy of the report but to be honest I'm no longer bothered. Having been diagnosed with two separate cancers over the last fourteen months, on top of what I already received PIP for, I have quite simply had enough.
My question is: We already claim HB, CTS and my husband gets AA and we also get CA and the carers premium (which I suspect we will lose now PIP has gone). So, as I only have 23 months until I get my state pension (yes I'm one of the WASPI women), should I apply for ESA or JSA? Realistically with my caring commitments and my own health problems I cannot work again. Also I realise this will trigger a switch to Universal Credit from Legacy Benefits so just need to understand difficult this might be. Thank you.
My question is: We already claim HB, CTS and my husband gets AA and we also get CA and the carers premium (which I suspect we will lose now PIP has gone). So, as I only have 23 months until I get my state pension (yes I'm one of the WASPI women), should I apply for ESA or JSA? Realistically with my caring commitments and my own health problems I cannot work again. Also I realise this will trigger a switch to Universal Credit from Legacy Benefits so just need to understand difficult this might be. Thank you.
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- Gordon
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4 years 6 months ago #251926 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP renewal declined
Margo
Sorry to hear your claim was not successful.
If the CA is based on your PIP award then it will stop, there should be an eight week run on your husband needs to contact the Carers Unit to make sure that they know that the PIP has stopped.
What is your husband receiving the Carers Premium with, Pension Credit?
What you may be able to claim will depend on what your husband is receiving. If he is receiving Pension Credit then your only option is New Style ESA but any ESA that you will receive will be deducted from the PC £ for £ so you may well be no better off.
If he is receiving another benefit then you may be able to claim Universal Credit but this may replace any benefit that he is receiving.
If you are able to claim UC then you may meet one of the exemption conditions if you are receiving Chemo or Radiotherapy, otherwise, you will need to provide a Fit Note and be assessed to see whether you have Limited Capability for Work.
Our UC/ESA guide explains the criteria you will need to meet.
www.benefitsandwork.co.uk/help-for-claimants/esa1
Gordon
Sorry to hear your claim was not successful.
If the CA is based on your PIP award then it will stop, there should be an eight week run on your husband needs to contact the Carers Unit to make sure that they know that the PIP has stopped.
What is your husband receiving the Carers Premium with, Pension Credit?
What you may be able to claim will depend on what your husband is receiving. If he is receiving Pension Credit then your only option is New Style ESA but any ESA that you will receive will be deducted from the PC £ for £ so you may well be no better off.
If he is receiving another benefit then you may be able to claim Universal Credit but this may replace any benefit that he is receiving.
If you are able to claim UC then you may meet one of the exemption conditions if you are receiving Chemo or Radiotherapy, otherwise, you will need to provide a Fit Note and be assessed to see whether you have Limited Capability for Work.
Our UC/ESA guide explains the criteria you will need to meet.
www.benefitsandwork.co.uk/help-for-claimants/esa1
Gordon
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- Gary
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4 years 6 months ago #251933 by Gary
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Replied by Gary on topic PIP renewal declined
Hi Margo
Sorry to hear about your ordeal, unfortunately I come across claimants like you in my day job who have gone through a life changing ordeal and have given up. Have you been in contact with MacMillian for help: www.macmillan.org.uk/cancer-information-and-support
Don't give up, your first task is to contact the DWP and ask for a copy of the assessors report. We do have some very good guides to help members work their way through the labyrinth of applying for a mandatory reconsideration and then appeal.
From your post I understand that you are a mixed age couple as your husband is in receipt of AA, Benefit rules for mixed aged couples changed in May last year. If your husband already receives Pension Credit then you will not loose your legacy benefits. Do you receive a SDP in with your housing Benefit? Does your husband receive Pension Credits? Do you receive Carers Allowance?
You need to seek advice from a local welfare rights worker who will be able to give you accurate advice. You can check by putting your information into one of the online benefit calculators.
www.gov.uk/benefits-calculators
Gary
Sorry to hear about your ordeal, unfortunately I come across claimants like you in my day job who have gone through a life changing ordeal and have given up. Have you been in contact with MacMillian for help: www.macmillan.org.uk/cancer-information-and-support
Don't give up, your first task is to contact the DWP and ask for a copy of the assessors report. We do have some very good guides to help members work their way through the labyrinth of applying for a mandatory reconsideration and then appeal.
From your post I understand that you are a mixed age couple as your husband is in receipt of AA, Benefit rules for mixed aged couples changed in May last year. If your husband already receives Pension Credit then you will not loose your legacy benefits. Do you receive a SDP in with your housing Benefit? Does your husband receive Pension Credits? Do you receive Carers Allowance?
You need to seek advice from a local welfare rights worker who will be able to give you accurate advice. You can check by putting your information into one of the online benefit calculators.
www.gov.uk/benefits-calculators
Gary
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- Tuliptrees
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4 years 6 months ago #251939 by Tuliptrees
Replied by Tuliptrees on topic PIP renewal declined
Thank you for your responses. We are feeling pretty shell shocked at the moment. As yet no letter received from the DWP. However, I have just opened a letter from our District Council informing us they have now stopped our housing benefit and reduced our council tax reduction from the 12 October stating we have been overpaid by £782.54 to the period ending 5/4/2021. They do however state we will qualify for a small reduction in CT, so on top of losing our housing benefit, we will now have to find £138 pm council tax. We have just done the maths and can see ourselves becoming homeless.
Gary, I will get in touch with my MacMillan Nurse but again I know they are so backlogged I doubt they will be able to help. I have asked DWP for the copy report but as mentioned above, it hasn't arrived as yet. I did have to go through the MR process when I originally was awarded four years ago. I also at that time lodged an appeal but they reconsidered their decision before the hearing got to court. To be honest I have given up.
My husband is 71 receives a state pension, AA and two private pensions. He also applied for CA which he gets. Sadly he does not qualify for Pension Credit.
The council letter today lists the following:
AA High rate
State Retirement Pension (lower rate)
Occ Pension 1
Occc Pension 2
Carers Allowance
I am 64 now and I receive the following (minus the PIP which has now stopped)
My Occ Pension 1
My Occ Pension 2
There is also mentioned £37.50 because one of us cares for someone.
Thank you for the links to the benefits Calculator, but to be honest, my mind has turned to mush and I just cannot go there.
I have applied for the New ESA benefit and contacted my GP for a Fit Note (never had to do this before). Oddly enough it wasn't until I listed all my conditions, nine of them, that I realised just how much my health has gone downhill, and fast over the last five years. I was bullied out of my job in 2015 and then my husband became seriously ill, so I have not been able to work since.
What really hurts more than anything is the fact that since my original claim four years ago I have within the last fourteen months battled cancer twice, basically lost the use of my right lower leg and yet still they can do this. And let's face it if they can dismiss such things with me, they can do it to multiple others.
Just to query, if my ESA application is successful would this re-trigger our housing benefit and council tax support?
Thank you
Mary
Gary, I will get in touch with my MacMillan Nurse but again I know they are so backlogged I doubt they will be able to help. I have asked DWP for the copy report but as mentioned above, it hasn't arrived as yet. I did have to go through the MR process when I originally was awarded four years ago. I also at that time lodged an appeal but they reconsidered their decision before the hearing got to court. To be honest I have given up.
My husband is 71 receives a state pension, AA and two private pensions. He also applied for CA which he gets. Sadly he does not qualify for Pension Credit.
The council letter today lists the following:
AA High rate
State Retirement Pension (lower rate)
Occ Pension 1
Occc Pension 2
Carers Allowance
I am 64 now and I receive the following (minus the PIP which has now stopped)
My Occ Pension 1
My Occ Pension 2
There is also mentioned £37.50 because one of us cares for someone.
Thank you for the links to the benefits Calculator, but to be honest, my mind has turned to mush and I just cannot go there.
I have applied for the New ESA benefit and contacted my GP for a Fit Note (never had to do this before). Oddly enough it wasn't until I listed all my conditions, nine of them, that I realised just how much my health has gone downhill, and fast over the last five years. I was bullied out of my job in 2015 and then my husband became seriously ill, so I have not been able to work since.
What really hurts more than anything is the fact that since my original claim four years ago I have within the last fourteen months battled cancer twice, basically lost the use of my right lower leg and yet still they can do this. And let's face it if they can dismiss such things with me, they can do it to multiple others.
Just to query, if my ESA application is successful would this re-trigger our housing benefit and council tax support?
Thank you
Mary
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- lizzie23
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4 years 6 months ago #251942 by lizzie23
Replied by lizzie23 on topic PIP renewal declined
Dear Margo,
I read your post today and I know exactly how you feel but please do not give up. You probably want to give up the fight but don't let them win. You deserve help and the guides on here are excellent. We are all here to give you moral support as most of us have been in your position at some time or other. Sending you lots of love. Lizzie
I read your post today and I know exactly how you feel but please do not give up. You probably want to give up the fight but don't let them win. You deserve help and the guides on here are excellent. We are all here to give you moral support as most of us have been in your position at some time or other. Sending you lots of love. Lizzie
The following user(s) said Thank You: Tuliptrees
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- Gary
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4 years 6 months ago #251943 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP renewal declined
Hi Margo
The answer to your query is No, if you were successful it would not re-trigger your housing benefit, council tax support is not dependant on NS ESA but upon your income and any premiums you may be entitled to.
New Style ESA is a Contribution Based benefit and is not means tested with the exception of pension income which can reduce the amount that you receive.
The Income Related benefit that goes with NS ESA is Universal Credit.
Providing you have at least 50 weeks of NI Contributions in both of the Tax Years 2017-2018 and 2018-2019 then you can make a claim for New Style ESA, this is a Contribution Based benefit so your household income, with the exception of any pension income you receive, is disregarded as are your assets and savings.
www.gov.uk/employment-support-allowance/how-to-claim
As stated previously, you are classed as a mixed aged couple, the rules chaned in May last year and benefit claims now are based on the youngest of a couple and not on the oldest as was the case before 15th May 2019.
Unless you are in receipt of a SDP. if eligible, your only option would be to apply for NS ESA and housing element, you will not be able to apply for HB until you reach state pension age, if you are under occupied you will also be affected by the bedroom tax.
Before you make a claim for NS ESA either seek advice from a welfare rights worker or use an on line benefit calculator to see what benefit entitlements, if any you may be entitled to.
Gary
The answer to your query is No, if you were successful it would not re-trigger your housing benefit, council tax support is not dependant on NS ESA but upon your income and any premiums you may be entitled to.
New Style ESA is a Contribution Based benefit and is not means tested with the exception of pension income which can reduce the amount that you receive.
The Income Related benefit that goes with NS ESA is Universal Credit.
Providing you have at least 50 weeks of NI Contributions in both of the Tax Years 2017-2018 and 2018-2019 then you can make a claim for New Style ESA, this is a Contribution Based benefit so your household income, with the exception of any pension income you receive, is disregarded as are your assets and savings.
www.gov.uk/employment-support-allowance/how-to-claim
As stated previously, you are classed as a mixed aged couple, the rules chaned in May last year and benefit claims now are based on the youngest of a couple and not on the oldest as was the case before 15th May 2019.
Unless you are in receipt of a SDP. if eligible, your only option would be to apply for NS ESA and housing element, you will not be able to apply for HB until you reach state pension age, if you are under occupied you will also be affected by the bedroom tax.
Before you make a claim for NS ESA either seek advice from a welfare rights worker or use an on line benefit calculator to see what benefit entitlements, if any you may be entitled to.
Gary
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