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ESA stopped before IB reinstated.

  • ken
  • Topic Author
12 years 9 months ago #60990 by ken
After a long long battle to get back on IB (having had to appeal an appeals decision) I have finally been found unfit for work by the IB tribunal.

However, this was a while ago, and we still have not had IB reinstated (should not be long apparently) or backdated.

The problem is, despite not being on IB yet, I was getting ESA at assessment rate (awaiting ESA tribunal).

They have now stopped ESA saying a tribunal has found me fit for work.

Having not been to any ESA tribunal, nor given permission for a paper one, I checked with the dwp and they dont know why I was sent that wording.

They say it was because the ESA people had received a letter saying the IB people wanted to know how much I had been paid so they could sort out backpayments that they had stopped my esa as I would be going back on ESA.

BUT, as im not yet on IB, can they legally stop (as they have done) my ESA without my permission, considering no finding that I am fit for work has occured by a tribunal?

And im not yet in receipt of IB?

My housing benefit has also stopped due to ESA stopping.

I thought they cant stop ESA assessment rate unless a tribunal says so, or I withdraw my claim?

Can someone please clarify/help?

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  • pete17971
12 years 9 months ago #60992 by pete17971
Replied by pete17971 on topic Re:ESA stopped before IB reinstated.
ken wrote:

After a long long battle to get back on IB (having had to appeal an appeals decision) I have finally been found unfit for work by the IB tribunal.

However, this was a while ago, and we still have not had IB reinstated (should not be long apparently) or backdated.

The problem is, despite not being on IB yet, I was getting ESA at assessment rate (awaiting ESA tribunal).

They have now stopped ESA saying a tribunal has found me fit for work.

Having not been to any ESA tribunal, nor given permission for a paper one, I checked with the dwp and they dont know why I was sent that wording.

They say it was because the ESA people had received a letter saying the IB people wanted to know how much I had been paid so they could sort out backpayments that they had stopped my esa as I would be going back on ESA.

BUT, as im not yet on IB, can they legally stop (as they have done) my ESA without my permission, considering no finding that I am fit for work has occured by a tribunal?

And im not yet in receipt of IB?

My housing benefit has also stopped due to ESA stopping.

I thought they cant stop ESA assessment rate unless a tribunal says so, or I withdraw my claim?

Can someone please clarify/help?





We cannot offer advice to individuals about a specific benefits problem under any circumstances. To give accurate and reliable advice about a specific benefits problem, we'd need to know a great deal about your income, savings, health, household arrangements and more. To give advice without all this information would seriously risk misinforming you.

If you need specific benefits advice, you can download our FREE, 12 page guide to getting help with your benefits or see the list of advice agencies here:

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Pete

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12 years 9 months ago #60998 by DRAGON2009
Replied by DRAGON2009 on topic Re:ESA stopped before IB reinstated.
1. You should keep on and on at the DWP ring them incessantlu

2. Go to the CAB or other advice centre and get them to chase it

You might also consider seeing your MP

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