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Help?!?! ESA Reinstated following appeal lodged?

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6 years 2 weeks ago #208431 by Jade
Hello,

My mother has received notification her ESA appeal has been received so since this I have called DWP to ask for her ESA to be re-instated however told this will not be as she is claiming universal credit? I thought universal credit would then stop and ESA would be re-instated? But the lady advised she would stay on UC and if rewarded at tribunal the ESA difference would be back dated??

I do not understand how my mother is meant to manage in the meantime as UC payments are considerably lower than ESA and housing benefit my mum was getting?? How is this fair??

My mother is having to pay her rent out of her UC money of roughly £700 a month, is this correct?

I believe the whole system is a shambles, they make it so difficult in the hope people will give up and its making my mother more ill in the long run.

Please help with your advice!! Thank you, Jade

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6 years 2 weeks ago - 6 years 2 weeks ago #208443 by Gordon
Jade

Is she in a Universal Credit Full Service area?

ucpostcode.entitledto.co.uk/ucdate

If she is then I'm afraid there is nothing she can do as ESA is no longer available in her area.

If it is not a Full Service area then they may be able to close their UC claim and ask for their ESA to be reinstated, but I would get advice first as I would expect you her to be receiving at least the same with UC as she would with ESA as she is only entitled to the Assessment Rate (£73.10/week) unless she is also entitled to some of the ESA Premiums.

The Housing Benefit should be part of her UC payment.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 2 weeks ago by Gordon.

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6 years 2 weeks ago #208512 by Jade
Hi,

Thank you for your response.

She is receiving only the basic allowance for UC, once approved at tribunal can she then claim the •limited capability for work related activity element (LCWRA) £318.76 per month on top of the standard £73.10 a week?? As I believe this is where the substantial difference is between her current UC and previous ESA payments she was receiving.

I have red numerous posts that she will not be worse off from either benefit but she is, is this just while it is waiting tribunal?

once approved at tribunal can she then stop having to go to the job centre every week as this is making her more ill at the moment and they are treating her so awfully.

Can she not receive the LCWRA element now her appeal is lodged? Or will this just be backdated and paid to her once it is approved at tribunal?

Thank you so much for your help, Jade

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6 years 2 weeks ago #208529 by Gordon
Jade

At the moment your mother is only entitled to the basic rates of ESA or UC, the higher rates will only be paid if she wins her appeal in which case any missed mpney will be paid.

However, she will only win her appeal by showing that she meets the criteria for LCWRA.

Gordon

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

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6 years 2 weeks ago #208530 by Jade
Thank you Gordon. A couple last questions please...

Will the decision from the tribunal be transferred to the UC payments automatically as I am conscious the original appeal was for ESA? She wont then have to reapply for UC will she?

Also will she get the standard £73.10 a week plus £318.76 if approved LCWRA??

Thank you, Jade

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6 years 2 weeks ago #208552 by Gordon
Jade

Please don't post your questions in multiple topics, it just makes more work for the Mods!

So as she is claiming UC I would expect her to stay on UC, if an award is made then her UC will be increased by the appropriate amount and she will receive back payment of any amounts covering the period of the appeal.

Gordon

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

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