After a medical last December

suzanne wrote: After a medical last December I have received the dreaded brown envelope saying no points and my ESA income had been stopped from 13th Jan. I then told them that I wanted to appeal, they then told me that I would be sanctioned I was also told that I cannot claim my DLA and JSA at the same time.
I’m on a lot of prescription drugs including warfarin tablets which are life threatening if I don’t take
them as I won’t be able to afford them what am is supposed to do?

I am conscious that the forum is about to close, so I am going to provide all the info that I can, but I do have some questions,

Why have the DWP told you that you will sanctioned, based on your post you have not done anything to elicit a sanction?

Were you found Fit for Work having scored less than 15 points following an assessment?

You should be able the challenge the Decision, you will first need to request a Mandatory Reconsideration and if this is unsuccessful, you can then appeal directly to the Tribunal Service.

The ESA MR and Appeal guide in the Members area explains the process in more detail.

www.benefitsandwork.co.uk/help-for-claimants/esa

You should also have a look at the following for more information

Disability Rights UK Factsheet - Appeals and reconsiderations

With regard the prescriptions, you can purchase a Prescription Pre-Payment certificate, they do these for varying periods and prices and cover any prescription costs during the period covered.

www.nhsbsa.nhs.uk/1127.aspx

You can apply for an HC2 certificate on the basis of low income

www.nhsbsa.nhs.uk/HealthCosts/1136.aspx

Gordon

suzanne wrote: Thanks Gordon, and Mrs Hurtyback for your prompt replies, Yes Mrs HB I was told that I can’t claim DLA with JSA, appealing but told would have to go on JSA and give up DLA, also been told not to mention any illness or disability if I am sent for a job interview or on application forms

Yes Gordon no points, told the new rules from Monday are if you make an appeal you are sanctioned... my rent and council tax have been stopped as well I’m at a loss at this moment in time.
As this is way past my bedtime I will say goodnight and god bless I’ll see you all tomorrow.

There is so much incorrect information that I would recommend that you make a formal complaint to the DWP.

First JSA and DLA are completely independent benefits, further DLA is an in-work benefit and there is absolutely no reason why you cannot claim JSA and DLA at the same time.

As to the sanctions, total and absolute rubbish, claimants have a legal right to challenge a Decision to deny them benefits, the DWP have no legal right to apply sanctions to someone simply because the are challenging such a Decision.

You are required to request a Mandatory Reconsideration, during the time this process in on-going you will not be eligible for payment, however, you can claim JSA with no prejudice to your ESA, alternatively you can wait until the process is completed and if the Decision is not changed, appeal directly to the Tribunal Service. You will need to provide Fit Notes during the interim, but once the appeal is lodged you should receive the ESA Assessment rate, backdated to the Decision that you were Fit for Work.

If you claim JSA then you should be able to get your HB restarted, if you do not then you can still get your HB restarted on the basis of a nil income claim.

Gordon