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ESA APPEAL
- Gordon
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13 years 1 month ago #76481 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA APPEAL
fedup90
He has been found FIt for Work as a result of the ESA medical, unless someone else declares him unfit, fit for work he remains.
You can make a new claim for ESA, however, he will not be paid, until and unless he passes the ESA medical second time around. This can be done in parallel to his appeal, although any Decision from his Tribunal may be limited by the result of the second claim.
Does your brother have any mental health support, maybe they can issue a certificate?
Gordon
He has been found FIt for Work as a result of the ESA medical, unless someone else declares him unfit, fit for work he remains.
You can make a new claim for ESA, however, he will not be paid, until and unless he passes the ESA medical second time around. This can be done in parallel to his appeal, although any Decision from his Tribunal may be limited by the result of the second claim.
Does your brother have any mental health support, maybe they can issue a certificate?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- fedup90
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13 years 1 month ago #76486 by fedup90
Replied by fedup90 on topic Re:ESA APPEAL
He has no support at all apart from me.
Will his housing benefit continue when the GL24 has been received, or is this dependent on a "Fit Note" , as well?
Will his housing benefit continue when the GL24 has been received, or is this dependent on a "Fit Note" , as well?
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- Gordon
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13 years 1 month ago #76487 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA APPEAL
fedup90 wrote:
The following DirectGov page may be of assistance.
www.direct.gov.uk/en/MoneyTaxAndBenefits...w_income/DG_10018926
Gordon
I'm sorry but Housing Benefit is not something we advise on, you need to check with your local CAB or Welfare Rights office.He has no support at all apart from me.
Will his housing benefit continue when the GL24 has been received, or is this dependent on a "Fit Note" , as well?
The following DirectGov page may be of assistance.
www.direct.gov.uk/en/MoneyTaxAndBenefits...w_income/DG_10018926
Gordon
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- Crazydiamond
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13 years 1 month ago #76488 by Crazydiamond
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Crazydiamond on topic Re:ESA APPEAL
When the GL24 appeal form has been received together with a medical statement from a qualified medical practitioner ie a GP, your brother should be paid at the ESA assessment rate pending the outcome of the appeal. It is also worth noting on the GL24 appeal form that payment at the assessment rate is being requested.
Insofar as your brother's housing benefit is concerned, this should be paid pending the outcome of the ESA appeal, but he will need to notify the local authority of his circumstances to ensure the correct amount of benefit is being paid.
Insofar as your brother's housing benefit is concerned, this should be paid pending the outcome of the ESA appeal, but he will need to notify the local authority of his circumstances to ensure the correct amount of benefit is being paid.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- SusanH
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13 years 1 month ago #76513 by SusanH
Replied by SusanH on topic Re:ESA APPEAL
Dear fedup90, would it be possible for your brother to see your GP as a visitor to you? You could explain why he needs a ‘fit note’ to tide him over until he finds his own GP.
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- pussycat1961
13 years 1 month ago #76541 by pussycat1961
Replied by pussycat1961 on topic Re:ESA APPEAL
Hi Fedup,
Your brother's housing benefit should still be paid pending the outcome of the appeal.
If, at the tribunal they uphold the original decision by the DWP, his housing benefit would stop, however don't panic. All you would need to do is contact the housing benefit office as soon as you have the decision (if that happens) and they will simply do a fresh claim based on his income and will be backdated to when you contacted them. Housing benefit is not dependant on receiving benefit as so many people think, it's income based too.
I had my housing benefit stopped earlier this year when my ESA stopped, I rang them the same day, they just re evaluated my claim to income based without doing a new claim. I then gave them a copy of the appeal notice when I got it, got re evaluated again as benefit reinstated at lower rate, all with no delay or interruption of payments. They may do a fresh claim but that won't matter.
The only reason people lose their housing benefit is because they either don't contact the housing benefit people or they don't qualify for income based housing benefit. When DWP stops someone's benefit, they only notify the housing benefit office that benefit has ceased, not why, so the housing benefit office assumes the person has started work, as I was told, so they stop benefit too unless they hear from that person.
Your brother's housing benefit should still be paid pending the outcome of the appeal.
If, at the tribunal they uphold the original decision by the DWP, his housing benefit would stop, however don't panic. All you would need to do is contact the housing benefit office as soon as you have the decision (if that happens) and they will simply do a fresh claim based on his income and will be backdated to when you contacted them. Housing benefit is not dependant on receiving benefit as so many people think, it's income based too.
I had my housing benefit stopped earlier this year when my ESA stopped, I rang them the same day, they just re evaluated my claim to income based without doing a new claim. I then gave them a copy of the appeal notice when I got it, got re evaluated again as benefit reinstated at lower rate, all with no delay or interruption of payments. They may do a fresh claim but that won't matter.
The only reason people lose their housing benefit is because they either don't contact the housing benefit people or they don't qualify for income based housing benefit. When DWP stops someone's benefit, they only notify the housing benefit office that benefit has ceased, not why, so the housing benefit office assumes the person has started work, as I was told, so they stop benefit too unless they hear from that person.
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