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Backdating of esa once placed in a group
- buxbunny
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10 years 8 months ago #124597 by buxbunny
Backdating of esa once placed in a group was created by buxbunny
Hey guys i needed help as to my position in regards to backdatement.
Here is a quick summary rundown of my claim.
Was in university till car accident in 2012 made my condition worse and no longer able to continue study.
I was told couldn't claim ESA due to maintenance loan and had to wait till end of academic year.
My claim start from July 2012 paid single person assessment rate .
didn't have my medical home visit till October 2013 where scored 0 points.
Made a mandatory reconsideration.
My partner at the time applied for joint income support claim till the decision.
Decision was made in February 2014 and placed in support group.
It was my understanding that the main phase + components where to be backdated to the 14th week when assessment phase started which would been around oct 2012 till present minus the income from income support. There making a lot of different excuses as to why not being fully backdated and i understand how confusing it can be but for there own administrating trouble of backlogs etc it would normally work assessment phase 13 weeks - assessment - main phases + components 14 week onward or am i wrong?
Also my claim was subsequently suspended under a living together issue and received no payments. They placed me in a support group which means they acknowledge that i have limited capability for work yet they froze my payments and gave me the recourse of claiming JSA. Now job seeker's allowance is benefit for those able and available for work which i am neither and would be unable to run through the hoops they put you through. It is also my understanding the reason you cannot claim esa during mandatory reconsideration is because during this period because you are seen fit for work and cannot get payments till appeal starts which is again wrong as they have acknowledge me in the support group so shouldn't i be able to get at least assessment phase during this time?
Sorry i know it's very confusing but I've tried to explain myself the best i can.
Here is a quick summary rundown of my claim.
Was in university till car accident in 2012 made my condition worse and no longer able to continue study.
I was told couldn't claim ESA due to maintenance loan and had to wait till end of academic year.
My claim start from July 2012 paid single person assessment rate .
didn't have my medical home visit till October 2013 where scored 0 points.
Made a mandatory reconsideration.
My partner at the time applied for joint income support claim till the decision.
Decision was made in February 2014 and placed in support group.
It was my understanding that the main phase + components where to be backdated to the 14th week when assessment phase started which would been around oct 2012 till present minus the income from income support. There making a lot of different excuses as to why not being fully backdated and i understand how confusing it can be but for there own administrating trouble of backlogs etc it would normally work assessment phase 13 weeks - assessment - main phases + components 14 week onward or am i wrong?
Also my claim was subsequently suspended under a living together issue and received no payments. They placed me in a support group which means they acknowledge that i have limited capability for work yet they froze my payments and gave me the recourse of claiming JSA. Now job seeker's allowance is benefit for those able and available for work which i am neither and would be unable to run through the hoops they put you through. It is also my understanding the reason you cannot claim esa during mandatory reconsideration is because during this period because you are seen fit for work and cannot get payments till appeal starts which is again wrong as they have acknowledge me in the support group so shouldn't i be able to get at least assessment phase during this time?
Sorry i know it's very confusing but I've tried to explain myself the best i can.
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- Gordon
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10 years 8 months ago #124602 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Backdating of esa once placed in a group
Paul
Under normal circumstances a new claim for ESA will result in back payments from the beginning of week 14, however, there are a number of anomalies in your post that mean I cannot state for certain whether this would be the case for you.
You state that your partner made a joint Income Support claim, you cannot receive IS and ESA(IR) at the same time, the only way that a joint claim for IS could be made would be if you closed your ESA claim. It may have been possible for you to re-activate the ESA claim if the period you spent on IS was less than 12 weeks, but if it was longer, then I would have expected you to have been required to make a new claim for ESA.
Conversely your partner cannot receive Income Support if you have an active claim for ESA(IR), only one Income Related benefit can be claimed at a time by a couple, on the assumption that you were living together (I note from your post that that the DWP have queried this).
If you have been placed in the Support Group then you cannot claim JSA without your closing your ESA claim, even if your payments have been suspended.
All I can suggest is that you get face to face advice from a trained advisor who can go through the paperwork associated with yours and your partners claim, they may be able to figure out what is actually owed. Do an internet search for "welfare advice" with your postcode, town or county.
Gordon
Under normal circumstances a new claim for ESA will result in back payments from the beginning of week 14, however, there are a number of anomalies in your post that mean I cannot state for certain whether this would be the case for you.
You state that your partner made a joint Income Support claim, you cannot receive IS and ESA(IR) at the same time, the only way that a joint claim for IS could be made would be if you closed your ESA claim. It may have been possible for you to re-activate the ESA claim if the period you spent on IS was less than 12 weeks, but if it was longer, then I would have expected you to have been required to make a new claim for ESA.
Conversely your partner cannot receive Income Support if you have an active claim for ESA(IR), only one Income Related benefit can be claimed at a time by a couple, on the assumption that you were living together (I note from your post that that the DWP have queried this).
If you have been placed in the Support Group then you cannot claim JSA without your closing your ESA claim, even if your payments have been suspended.
All I can suggest is that you get face to face advice from a trained advisor who can go through the paperwork associated with yours and your partners claim, they may be able to figure out what is actually owed. Do an internet search for "welfare advice" with your postcode, town or county.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- buxbunny
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10 years 8 months ago #124626 by buxbunny
Replied by buxbunny on topic Backdating of esa once placed in a group
Thank you very much for the reply and I am making arrangements to see an adviser.
The income support claim was only made during the period of mandatory reconsideration since you do not receive payments in that time period i claimed income support but the ESA claim was still ongoing.
Totally separate issue is i was placed in support group but than issue came up with my living together status which is ongoing and in that time payments where stopped again. This time i'm told to claim JSA but doesn't make sense if they know i can't.
The income support claim was only made during the period of mandatory reconsideration since you do not receive payments in that time period i claimed income support but the ESA claim was still ongoing.
Totally separate issue is i was placed in support group but than issue came up with my living together status which is ongoing and in that time payments where stopped again. This time i'm told to claim JSA but doesn't make sense if they know i can't.
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- Gordon
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10 years 8 months ago #124628 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Backdating of esa once placed in a group
Paul
Just re-read your post and you did explain about the MR and IS, so sorry I missed that.
If you claimed IS during the MR then then your ESA back payments for that period would have the IS you received, deducted from them, depending on your circumstances, it is possible that this would reduce the amount you might receive.
Don't assume the DWP staff in the ESA call centre know what they are talking about, legally you can only claim ESA or JSA and physically you can only claim ESA or JSA, as both ESA and JSA exist on the same computer system and you can only have one open record, either for ESA or for JSA. When a claimant is found Fit for Work (not your circumstances now), their ESA claim is closed on the computer system allowing a JSA one to be built if they claim it, if the Decision is overturned or they make an appeal, they reverse the process and switch them back to ESA.
As you have an active claim for ESA, despite the fact that your payments have been suspended, you cannot make a claim for JSA without closing your ESA claim first, even if you could, then the only way that you would be accepted would be if you declared yourself Fit for Work, with obvious implications to your ability to return to the SG when the matter is sorted.
I am afraid I cannot think of any other way for your to receive some form of payment even if not at the full amount, Hardship payments are only payable when the claimants benefit has been sanctioned, not suspended and Advanced Payments are only applicable when the claimant has made a new claim and is still waiting for payments to start.
Unfortunately the quickest solution is to resolve the issue that has caused the suspension, an advisor should be able to help you with this as well.
Gordon
Just re-read your post and you did explain about the MR and IS, so sorry I missed that.
If you claimed IS during the MR then then your ESA back payments for that period would have the IS you received, deducted from them, depending on your circumstances, it is possible that this would reduce the amount you might receive.
Don't assume the DWP staff in the ESA call centre know what they are talking about, legally you can only claim ESA or JSA and physically you can only claim ESA or JSA, as both ESA and JSA exist on the same computer system and you can only have one open record, either for ESA or for JSA. When a claimant is found Fit for Work (not your circumstances now), their ESA claim is closed on the computer system allowing a JSA one to be built if they claim it, if the Decision is overturned or they make an appeal, they reverse the process and switch them back to ESA.
As you have an active claim for ESA, despite the fact that your payments have been suspended, you cannot make a claim for JSA without closing your ESA claim first, even if you could, then the only way that you would be accepted would be if you declared yourself Fit for Work, with obvious implications to your ability to return to the SG when the matter is sorted.
I am afraid I cannot think of any other way for your to receive some form of payment even if not at the full amount, Hardship payments are only payable when the claimants benefit has been sanctioned, not suspended and Advanced Payments are only applicable when the claimant has made a new claim and is still waiting for payments to start.
Unfortunately the quickest solution is to resolve the issue that has caused the suspension, an advisor should be able to help you with this as well.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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