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director of dormant company/esa claim

  • chris in cardiff
  • Topic Author
13 years 11 months ago #41437 by chris in cardiff
director of dormant company/esa claim was created by chris in cardiff
Can anyone tell me where to start? I have been asked to help a client with MS with his claim for ESA. He is a Director of a dormant company with no employees and has generated no income for more than a year. He claimed ESA, had an ATOS medical which he failed (surprise surprise), was told verbally that he did not qualify for ESA since he had submitted wrong form and should have been paying himself Statutory Sick Pay and that he should apply for DLA. This he did but within 3 weeks was turned down due to the result of the ESA medical. We are appealing the DLA decision but since he received nothing in writing about the ESA decision there is nothing to appeal. He was never granted the basic amount for ESA.
Any comments please
Chris

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  • originaldave
13 years 11 months ago - 13 years 11 months ago #41440 by originaldave
Replied by originaldave on topic Re:director of dormant company/esa claim
chris in cardiff wrote:

Can anyone tell me where to start? I have been asked to help a client with MS with his claim for ESA. He is a Director of a dormant company with no employees and has generated no income for more than a year. He claimed ESA, had an ATOS medical which he failed (surprise surprise), was told verbally that he did not qualify for ESA since he had submitted wrong form and should have been paying himself Statutory Sick Pay and that he should apply for DLA. This he did but within 3 weeks was turned down due to the result of the ESA medical. We are appealing the DLA decision but since he received nothing in writing about the ESA decision there is nothing to appeal. He was never granted the basic amount for ESA.
Any comments please
Chris


making no money or not he should he at least have paid class 2 NI ? and that would get him

Incapacity benefit & Retirement pension;

if he did not pay .. then asking for benefits might open up a can of worms as not paying them saying your not going to pay because you made no money or company not doing anything not good enough, you have to ask and if its less than £4,500 ish turn over they would allow but the main thing is you have to ask, the fine for not paying the £2.10 a week is lots

the late payment fines only use to be for larger companies but this year they opened it up to all companies and self employed.. mind you as a director he is employed so it might be class 4

Mode Edit:
I do not usually comment on members posts , however, I am concerned that there are errors in this post and items that we cannot validate, and as such I feel obliged to state that these comments are the personal opinion of Dave and do not represent advice by or or behalf of Benefits and Works. Gordon
Last edit: 13 years 11 months ago by Gordon.

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13 years 11 months ago - 13 years 11 months ago #41443 by Gordon
Replied by Gordon on topic Re:director of dormant company/esa claim
Chris

We cannot give individual advice as it is beyond the facilities of this forum for us to be made aware of all of this issues that might affect a claim. You and/or you client should seek advice from someone able to give face to face advice.

With regard to the DLA appeal you should look at the documents in the Members section, there are documents that specifically covers appealing and it would also be worth looking at the documents covering how to make a DLA claim, to get an idea of where you might have gone wrong.

As the DWP are regarding the prvious ESA claim as invalid, it may be worth re-submitting a claim, on the correct forms :) however, I can't advise on whether you client should or not have received SSP, and whether this would or would not affect a claim.

Sorry that we can't be more helpful.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 13 years 11 months ago by Gordon.

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  • chris in cardiff
  • Topic Author
13 years 11 months ago #41445 by chris in cardiff
Replied by chris in cardiff on topic Re:director of dormant company/esa claim
Thanks Gordon
I have found that Jobcentreplus should have issued form B16. I have told client to ring JCP requesting form. He should then be able to reapply c/w covering letter asking to be instated. Then if JCP turn him down he has grounds for appeal.
Chris

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13 years 11 months ago #41462 by cdcdi1911
Replied by cdcdi1911 on topic Re:director of dormant company/esa claim
chris in cardiff wrote:

Can anyone tell me where to start? I have been asked to help a client with MS with his claim for ESA. He is a Director of a dormant company with no employees and has generated no income for more than a year. He claimed ESA, had an ATOS medical which he failed (surprise surprise), was told verbally that he did not qualify for ESA since he had submitted wrong form and should have been paying himself Statutory Sick Pay and that he should apply for DLA. This he did but within 3 weeks was turned down due to the result of the ESA medical. We are appealing the DLA decision but since he received nothing in writing about the ESA decision there is nothing to appeal. He was never granted the basic amount for ESA.
Any comments please
Chris

Hi Chris

As far as I understand, if you make a claim for ESA, the DWP are obliged to make a decision. A decision is not legal unless it is put in writing. It is unacceptable for the DWP to give decisions over the phone, effectively denying your client right of appeal.

I would suggest that you asked the DWP to put their decision in writing and then go through the usual procedure of appealing.

Regards

Derek

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13 years 11 months ago #41509 by Tim
Replied by Tim on topic Re:director of dormant company/esa claim
How can anyone with MS.. I have had it for 6 years.. be turned down on their initial application.. I know MS is different for everyone but surely your client would score at least 15 points.. Follow the guide on here.. Although not a guarantee.. it may jog his/her memory as to what actual problems they have.. The MS society are about as useful as a chocolate teapot.. Unless you jump out of aeroplanes or go skiing they do not wish to know.. as if.. Good luck..

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