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7 years 4 months ago - 7 years 4 months ago #172377 by Gordon
Replied by Gordon on topic support group
JC

This is not a sanction, from what you have posted he has exceeded the period for earning at the Upper Earning Limit and his ESA claim has been closed as a result. He should be able to make a claim for HB on the basis of nil income and needs to contact his Local Authority on this.

I understand if you do not want to provide the information but you haven't answered the questions in my last post, your posts suggests that there is a real possibility of an over payment which he and you cannot ignore!

As previously stated an MR can only be considered on the facts of the matter. That does not mean that he should not request one, it may be possible to show that he did not understand the communications sent to him. This will not revoke his ESA being stopped as I don't think there is any option under the law for this to happen but it may go towards any recovery of payments.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 4 months ago by Gordon.

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7 years 4 months ago #172430 by june cunningham
Replied by june cunningham on topic support group
Gordon
Andrew recd letter 18/10/2016 advising that he could not be paid an allowance from 29/10/2015

because his earnings exceeded the permitted work level.Amedical assessment on his newly

completed esa 50 was cancelled just prior to this.can he reclaim esa under the linking rules? I

am not sure how to help him .How will the overpayment be sorted? should he make a new claim for ESA?
Please advise.
June

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7 years 4 months ago #172449 by Gordon
Replied by Gordon on topic support group
JC

If the date you quote of 29/10/2015 is correct, then this has become a serious issue.

Your son will not be able to make a rapid reclaim for ESA as rather than it being 12 weeks, it will be 12 months since his claim will was closed and he will only be able to make a new claim for ESA with an assessment period, new ESA50 and likely a new face to face.

Any ESA paid since 29/10/15 becomes recoverable. This could total £1000s and I must advise you to get him face to face advice as this is becoming a matter that we cannot give adequate advice on in the forum. Do an internet search for "welfare advice" with your son's postcode, town or county.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: june cunningham

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7 years 2 months ago #177860 by june cunningham
Replied by june cunningham on topic support group
Hi
having problems obtaining pip form for son. He phoned them when with me just after Christmas
and spoke to a young man who promised to send out the forms for applying to change from dla to pip.This is late as Son too ill to deal with forms and brought them up to us then. His dla is due to end in March so quite worried!
Please advise what to do.

June

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7 years 2 months ago #177866 by Gordon
Replied by Gordon on topic support group

june cunningham wrote: Hi
having problems obtaining pip form for son. He phoned them when with me just after Christmas
and spoke to a young man who promised to send out the forms for applying to change from dla to pip.This is late as Son too ill to deal with forms and brought them up to us then. His dla is due to end in March so quite worried!
Please advise what to do.

June


Ring the DWP :)

Gordon

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

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7 years 2 months ago #178240 by june cunningham
Replied by june cunningham on topic support group
got reply to say as they had not actioned the letter sent requesing the forms back in October which they have on file that they will immediately issue pip2 f orm.

Thank you.
The following user(s) said Thank You: slugsta

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