esa decision????

Hi

late qs , i applied for esa CB in July 2014 , got it sorted and have been claiming 72.40 per week. I finally had my WCA on 18th May . did not build my hopes up as whole process was toxic , i went on my own and decided in waiting room , im not doing this.

i received a letter saying my CB ESA ends in July.

Have not heard another dicky bird re the WCA.

Just logged on my bank, as esa was due in today , and a huge credit over 1000k has been credited in my nino !! ??

the fortnightly , credit is also there £218.16 ? now does that mean i am support group? or WRAG?

my husband is on ESA SG Income related , my £72.40 is deducted from his ESA.

What impact does this have on his ESA ? . i don't want any over payments, we are already waiting on a backdated HB decision re bedroom tax , we won our appeal on both grounds.

is the norm? put money in no letter???

Hi

Thank you for your reply . I rang DWP and i was gobsmacked!! , I have been awarded ESA CB and placed in the support group !! the money is backdated to week 14 , in October up til 13 May. review date November 2016!

I know how extremely difficult it is for people to even get ESA and was expecting a turn down 100% as it has been with PIP. I felt I was my own worst enemy at the assessment but i was totally honest , good and bad.

The assessor said "new" medical had been received, and the assessment was only 20 /30 minutes, no examination. i can only assume that my consultant did respond after all. Part of me
doesn't want to know now , what he said. the relief is amazing this means the pressure of working and caring with widespread fibromyalgia, has been lifted.

I did get a letter and the dwp contact center said they will send a copy. It confirms the SG. I haven't done the math on the backdated amount . but it has come at the right time . I then contacted DWP under my OH nino, and told them the change of circs. i will back with up in writing.

Now to tell the council ...they already have not paid our backdated HB on spare room , we had our appeal allowed a year ago. They then chose not to appeal , so did the DWP, and the council clawed it back from the DHP. which they cant do. They now accept that and have agreed to repay the HB , but also threatening civil court action to recover DHP. (sigh) as our land lord, they have been a total nightmare for 2 years , all parallel my OH deteriorating health and the stress has not done me any favors. i will put the coc in writing.

So the enhanced premium is added to his applicable amount for IR ESA? didn't realise this . he has the disability premium as he is on HR care DLA & Mob and in SG. ? i dont get PIP or DLA.

I was going to withdraw appeal for PIP, i will let it run now , and see how it goes.

thank you so much again.

raindaisy wrote: Hi

Thank you for your reply . I rang DWP and i was gobsmacked!! , I have been awarded ESA CB and placed in the support group !! the money is backdated to week 14 , in October up til 13 May. review date November 2016!

I know how extremely difficult it is for people to even get ESA and was expecting a turn down 100% as it has been with PIP. I felt I was my own worst enemy at the assessment but i was totally honest , good and bad.

The assessor said "new" medical had been received, and the assessment was only 20 /30 minutes, no examination. i can only assume that my consultant did respond after all. Part of me
doesn't want to know now , what he said. the relief is amazing this means the pressure of working and caring with widespread fibromyalgia, has been lifted.

I did get a letter and the dwp contact center said they will send a copy. It confirms the SG. I haven't done the math on the backdated amount . but it has come at the right time . I then contacted DWP under my OH nino, and told them the change of circs. i will back with up in writing.

Now to tell the council ...they already have not paid our backdated HB on spare room , we had our appeal allowed a year ago. They then chose not to appeal , so did the DWP, and the council clawed it back from the DHP. which they cant do. They now accept that and have agreed to repay the HB , but also threatening civil court action to recover DHP. (sigh) as our land lord, they have been a total nightmare for 2 years , all parallel my OH deteriorating health and the stress has not done me any favors. i will put the coc in writing.

So the enhanced premium is added to his applicable amount for IR ESA? didn't realise this . he has the disability premium as he is on HR care DLA & Mob and in SG. ? i dont get PIP or DLA.

I was going to withdraw appeal for PIP, i will let it run now , and see how it goes.

thank you so much again.

Great News rd !!

The SG Decision Notice letter will not include an awful lot of information, so you might want to request the documentation used in coming to the decision which may be helpful when the time for your reassessment arrives.

See : This Post.

Yes, your OH should receive the Couple Rate of the Enhanced Disability Premium (EDP), as IR ESA top-up :

ESA Premiums

Benefit Rates 2015/16

Even though your OH may not be entitled to payment of The Severe Disability Premium (SDP) as he is not classed as living alone, ( as you live with him and you do not have a MR/HR Care DLA Award or PIP Daily Living Award) you may be able to claim Carers Allowance (CA) for providing Care for him.

You would not be entitled to CA as it is an overlapping benefit with ESA.

However, once you claim and are refused due to the above, this will give you an underlying entitlement which would result in OH receiving The Carer Premium (CP) as IR ESA top up for you providing care for him. (Currently £34/60/Week)

This can be backdated 3 months before the date that you make your CA Claim.

So you would initially have to claim CA, then when refused, inform ESA of this and that as you have an underlying entitlement, OH should then be paid CP as IR ESA.

You have to provide a minimum of 35 Hours/Week care and your caring duties should not be in conflict with the limitations that gave you your SG award.

Remember, "caring" does not have to be of a purely physical nature.

See : CA Gov.UK

&

Carers UK. CA

If in the future you obtain a PIP Daily Living Award, you may then be entitled to The SDP as well as your OH potentially claiming The CP for providing care for you. (depending on his health/limitations at that time)

---

With regards to your DHP issue, we do not advise on Bedroom Tax, but having read the following it looks like your Council/Landlord may struggle to claw the DHP's back as an overpayment :

This seems to be covered under The Discretionary Financial Assistance Regulations 2001 @ 8. (2) (a) & (b) :

"Reviews

8. (1) A relevant authority may review any decision it has made with respect to the making, cancellation or recovery of discretionary housing payments in such circumstances as it thinks fit.

(2) Without prejudice to the generality of paragraph (1) above, a relevant authority may, on any such review, cancel the making of further such payments and recover a payment already made where that authority has determined that—

(a)whether fraudulently or otherwise, any person has misrepresented, or failed to disclose, a material fact and, as a consequence of that misrepresentation or failure to disclose, a payment has been made; or

(b)an error has been made when determining the application for a payment, and as a consequence of that error, a payment had been made which would not have been made but for that error."

From : www.legislation.gov.uk/uksi/2001/1167/regulation/8/made

As DHP's are a "Discretionary" payment it is the above legislation that they fall under.

This was being discussed on rightsnet with respect to LA's trying to claim back DHP's as an over payment where they had to pay back arrears of the short fall in HB as a result of The 1996 Loophole, and DHP's had been in payment.

It is covered : Here, Here, Here and Here.

&

See also : ANNEX 2. Pre 1996 cases: Question and Answer Brief. Q1.

"Q1: What happens to Discretionary Housing Payment (DHP) money that was awarded in these cases? For example, in cases where a DHP has been awarded to cover a shortfall due to an under-occupation deduction, a subsequent superseding decision to remove the shortfall will render the DHP irrelevant.

LAs are only permitted to recover DHPs in very limited circumstances. This is where a claim was fraudulent or an error occurred when making the DHP determination.

LAs must determine whether or not it is appropriate to recover a DHP.

If you decide to recover a DHP in respect of the period in question you may wish to bear in mind that such decisions may be subject to legal challenge.

In addition once the regulations are amended, claimants who are under-occupying will once again face a rent shortfall and this may be something that LAs may wish to take account of.

Recovery of DHPs cannot be made from HB or other income related benefits, and must be requested from the claimant."

From :

HB Circular A1/2014

And more from : SPEYE

Even though the above is pertinent to The 1996 loophole, it would still be pertinent to them trying to recover The DHP's from you.

Good luck with that, and please keep us updated regarding your PIP !

bro58

thank you bro58.

I was on CA at the time i put a claim in for ESA last year after GP advised me to return to work. The Carers Unit were the ones who put the ESA dept. right on my contributions. I had not had a break in NI for 20 years, i was either working , or when not working was at home providing care to OH. So , finally , the carers premium continued on his IR ESA as underlying entitlement. i find the carers unit so much easier to speak to.

thank so much for the info on the DHP recovery. Once they refund us the HB , they are being so long winded , to the point where the CEO has agreed to repay it , then we were asked to provide photo ID and other docs to check we were not involved in money laundering! sublime to the ridiculous!

I will let you know about PIP.

Hi

Thank you for the above info.

I have spoken to the ESA (IR) today, as i was told he was now getting £109.3 0 per week. His new applicable amount for IR came to £98.95 ( 208.25 - 109.30)
Therefore, IR was less , so they are now paying ESA SG Contribution £109.30. This means no automatic entitlement to HB.

So now the situation is this:

I have £109.30 ESA SG (C) + underlying entitlement to CA. ( i was on CA before i put my sick notes in )

OH : £109.30 ESA SG (C) + DLA HR mob + DLA HR Care ( atm)

which one of us would be better placed to claim HB? My OH currently claims it.