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ESA & CHILD BENEFIT
- Lorna Leggatt
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9 years 1 month ago #131717 by Lorna Leggatt
ESA & CHILD BENEFIT was created by Lorna Leggatt
Hi there, My son who has Down Syndrome turned 16years old in January & is still at school full time. My friend who also has a son with DS phoned to apply for ESA shortly after his birthday, was successful & is now placed in the support group. Unfortunately when I called we only got so far when they discovered that although my house is 5 years old, it did not appear on their system, so could not complete the application over the phone & sent out the initial application form. This was backed up by a 6 month sick note from the doctor backdated to his birthday. Having returned it 4 weeks ago & heard nothing, I phoned for a progress report today, only to be told the application was 'closed' due to the fact i claim child benefit for my son. He is on enhanced rate of both mobility & care components of PIP, but has no support from any other agencies. Can I appeal this decision & use my original application (obviously cancelling his child benefit) or should I make a fresh claim. I know he is entitled to it, it seems so unfair that it can be so straightforward for some people & a battle for others!!! Any advice??
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- Gordon
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9 years 1 month ago #131731 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA & CHILD BENEFIT
LL
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
As you have found out you cannot claim ESA and Child Benefit or Child Tax Credits at the same time.
I would first urge you to have a good read of our ESA Claim guides, first of all to understand whether your son would meet the criteria for ESA but also to understand what group he might be placed in, for example, if placed in the WRAG would your son be able to manage the requirements to attend WFIs and participate in Work Related Activity, I would recommend that you mark him harshly when looking at the Descriptors.
www.benefitsandwork.co.uk/help-for-claimants/esa1
If you do want to go ahead with a claim then you will need to close your Child Benefit claim before the DWP will be able to action the claim. From the information available I cannot see any way to backdate the claim or to appeal the Decision.
If you have any further questions then please reply to this post and we will do our best to help.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
As you have found out you cannot claim ESA and Child Benefit or Child Tax Credits at the same time.
I would first urge you to have a good read of our ESA Claim guides, first of all to understand whether your son would meet the criteria for ESA but also to understand what group he might be placed in, for example, if placed in the WRAG would your son be able to manage the requirements to attend WFIs and participate in Work Related Activity, I would recommend that you mark him harshly when looking at the Descriptors.
www.benefitsandwork.co.uk/help-for-claimants/esa1
If you do want to go ahead with a claim then you will need to close your Child Benefit claim before the DWP will be able to action the claim. From the information available I cannot see any way to backdate the claim or to appeal the Decision.
If you have any further questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Lorna Leggatt
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