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ESA Waiting Time ........And Facing Eviction....
- qhelp123
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11 years 9 months ago - 11 years 9 months ago #107274 by qhelp123
ESA Waiting Time ........And Facing Eviction.... was created by qhelp123
Please Help
I have been without benefit since my Incapacity benefit was terminated 12 th April 2013
After Numerous!!! Phone calls the only answer I have received is a very Cold Stark "Your Claim is with the medical team" I live in private rented accomadtion .And i am fortunate to have a very supportive Land Lord .However i now owe 3months rent. And as the government Are the champions of Responsible Budgeting and Austerity to clear up debt???
As i am disabled and unfortunately unable to work .This government answer to my situation "As i see it is she is" A something for nothing burden let us terminate her only income...
What i will say is coming across this website Has been a God send for the vital information i have already felt encouraged and hope to keep going .Is the time i have been without benefit common as far as Atos is concerned
Thanx Anne
I have been without benefit since my Incapacity benefit was terminated 12 th April 2013
After Numerous!!! Phone calls the only answer I have received is a very Cold Stark "Your Claim is with the medical team" I live in private rented accomadtion .And i am fortunate to have a very supportive Land Lord .However i now owe 3months rent. And as the government Are the champions of Responsible Budgeting and Austerity to clear up debt???
As i am disabled and unfortunately unable to work .This government answer to my situation "As i see it is she is" A something for nothing burden let us terminate her only income...
What i will say is coming across this website Has been a God send for the vital information i have already felt encouraged and hope to keep going .Is the time i have been without benefit common as far as Atos is concerned
Thanx Anne
Last edit: 11 years 9 months ago by Gordon.
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- Gordon
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11 years 9 months ago #107280 by Gordon
The DWP cannot just stop your benefit so something has to have happened, even if they have not notified you of it.
As you were on IB, were you being transferred from IB to ESA?
Did you complete an ESA50?
Did you attend an ATOS face to face assessment?
If you were being transferred to ESA have the DWP told you that you failed the Transfer?
If you have failed the transfer, have you done anything about this, for example; asked them to look at it again?
If you did fail the transfer then you will only receive payments at the ESA Assessment rate if you appeal and provide a Fit Note covering you from the date that your ESA was stopped.
If you had no communication from the DWP as to why your benefit has been stopped then I would start by calling them again and asking to speak to a Customer Manager, this will normally require a call back. The Call Centre staff's knowledge is quite variable and a CM should be able to help.
If the matter is not progressed then you can make a complaint to the DWP
Complaining to the DWP
I would also consider involving your MP
Contacting your MP
If you can provide more information by replying to this post, we may be able to offer more advice.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Waiting Time ........And Facing Eviction....
qhelp123 wrote: Please Help
I have been without benefit since my Incapacity benefit was terminated 12 th April 2013
After Numerous!!! Phone calls the only answer I have received is a very Cold Stark "Your Claim is with the medical team" I live in private rented accomadtion .And i am fortunate to have a very supportive Land Lord .However i now owe 3months rent. And as the government Are the champions of Responsible Budgeting and Austerity to clear up debt???
As i am disabled and unfortunately unable to work .This government answer to my situation "As i see it is she is" A something for nothing burden let us terminate her only income...
What i will say is coming across this website Has been a God send for the vital information i have already felt encouraged and hope to keep going .Is the time i have been without benefit common as far as Atos is concerned
Thanx Anne
The DWP cannot just stop your benefit so something has to have happened, even if they have not notified you of it.
As you were on IB, were you being transferred from IB to ESA?
Did you complete an ESA50?
Did you attend an ATOS face to face assessment?
If you were being transferred to ESA have the DWP told you that you failed the Transfer?
If you have failed the transfer, have you done anything about this, for example; asked them to look at it again?
If you did fail the transfer then you will only receive payments at the ESA Assessment rate if you appeal and provide a Fit Note covering you from the date that your ESA was stopped.
If you had no communication from the DWP as to why your benefit has been stopped then I would start by calling them again and asking to speak to a Customer Manager, this will normally require a call back. The Call Centre staff's knowledge is quite variable and a CM should be able to help.
If the matter is not progressed then you can make a complaint to the DWP
Complaining to the DWP
I would also consider involving your MP
Contacting your MP
If you can provide more information by replying to this post, we may be able to offer more advice.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: qhelp123
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 9 months ago - 11 years 9 months ago #107284 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Pleased to hear about your Landlord.
However, I'm replying to this as it may provide information to others threatened with eviction.
A Landord must serve a Notice to Quit for rent arrears under section 8 of the Housing Act 1988.
A section 8 notice can only be issued to a tenant who has breached the terms laid out in the tenancy agreement and if certain conditions have been met, the most common being one involving rent arrears. The Housing Act 1988 provides 17 grounds on which a landlord may seek possession before the fixed term of tenancy has finished.
The landlord cannot evict the tenant without first obtaining an order for possession from a court. Before applying to the court for such an order, the landlord must serve a Section 8 notice to quit on the tenant. The notice states that the landlord intends to seek possession of the property and states the ground or grounds on which possession is sought.
The notice must be laid out in a prescribed format and must specify which grounds the landlord intends to use to gain possession and the landlord's reasons for relying on those particular grounds. Any error made when issuing the section 8 notice is likely to delay the landlord gaining possession.
Your Landlord sounds a very reasonable person, but not all Landlords are. Hence my decision to add my comments.
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic ESA Waiting Time ........And Facing Eviction....
I live in private rented accomadtion .And i am fortunate to have a very supportive Landlord
Pleased to hear about your Landlord.
However, I'm replying to this as it may provide information to others threatened with eviction.
A Landord must serve a Notice to Quit for rent arrears under section 8 of the Housing Act 1988.
A section 8 notice can only be issued to a tenant who has breached the terms laid out in the tenancy agreement and if certain conditions have been met, the most common being one involving rent arrears. The Housing Act 1988 provides 17 grounds on which a landlord may seek possession before the fixed term of tenancy has finished.
The landlord cannot evict the tenant without first obtaining an order for possession from a court. Before applying to the court for such an order, the landlord must serve a Section 8 notice to quit on the tenant. The notice states that the landlord intends to seek possession of the property and states the ground or grounds on which possession is sought.
The notice must be laid out in a prescribed format and must specify which grounds the landlord intends to use to gain possession and the landlord's reasons for relying on those particular grounds. Any error made when issuing the section 8 notice is likely to delay the landlord gaining possession.
Your Landlord sounds a very reasonable person, but not all Landlords are. Hence my decision to add my comments.
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 9 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law).
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- slugsta
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11 years 9 months ago #107285 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic ESA Waiting Time ........And Facing Eviction....
Just to add to Jim's comments - possession cannot be granted under a section 8 notice for non-payment if less than 8 weeks rent is overdue at the date of the hearing - so getting even a little paid off can be helpful.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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- bro58
11 years 9 months ago - 11 years 9 months ago #107288 by bro58
Replied by bro58 on topic ESA Waiting Time ........And Facing Eviction....
More relevant information :
www.housinglaw.org.uk/Ass%20Ten.htm#
www.justice.gov.uk/courts/procedure-rule...l/protocol/prot_rent
bro58
www.housinglaw.org.uk/Ass%20Ten.htm#
www.justice.gov.uk/courts/procedure-rule...l/protocol/prot_rent
bro58
Last edit: 11 years 9 months ago by bro58.
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- bro58
11 years 9 months ago #107289 by bro58
Replied by bro58 on topic ESA Waiting Time ........And Facing Eviction....
Hi q123,
if you are really struggling to keep your head above water, see the link below for potential sources of help for your area :
Find Your Local Welfare Assistance Scheme
There may also be a "Food Bank" local to you who can help :
www.trusselltrust.org/map
bro58
if you are really struggling to keep your head above water, see the link below for potential sources of help for your area :
Find Your Local Welfare Assistance Scheme
There may also be a "Food Bank" local to you who can help :
www.trusselltrust.org/map
bro58
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