having an issue with ESA

I had recently got a letter from jobcenterplus regarding a claim I did for employment and support allowance. I am getting the PIP (personal independence payment) as I am a disabled person. The letter starts as: ''We will pay your allowance into the above account from 18/03/2015''. I had to call their department in order to change the bank details, I did and then I received a second letter saying the exact same things as the previous one apart from the date. (it was 24/03/2015)
I called then again to find out what is going on with the payment and when I am receiving it. The lady I spoke on the phone said that the reason they are NOT going to pay me (even though letter says the exact opposite thing) is that they are not 'satisfied' with the result of my habitual residence. I live in the UK for the last 3 years.
Please, has anyone got any idea what is going on as I feel a little bit unsure and if I have the right to appeal.

Thanks very much in advance.

Hi Christos,

First you have to know whether there is any cause to appeal - in other words, you need to find out whether your claim has been accepted or not. The call-centre workers who answer the phones are often poorly trained and ill-informed so I suggest that you phone again tomorrow morning and ask to speak to a supervisor. This will necessitate a call-back which should take around 3 hours (which is why I suggested that you ring in the morning).

Once you know what the situation is, we can offer further advice if needed. Please come back and respond to this message as it is very helpful for us if everything is kept in the same place

Hello there,

Today, as you advised me, I phoned early in the morning again to jobcentre plus regarding my claim for employment and support allowance and asked to speak
to a supervisor but there was no one available so I spoke with a lady. She told me that someone will call me back from the benefits centre between 9-12 and so they did. They called me at 11:30 am and told me that I failed at my habitual residence test, I explained to them that I live in the country for 3 years now and they advised me either to go to the local jobcenter and take the test again or make a new claim for Employment and Support Allowance

What do you think is going on and how do you advise me to act?

Many thanks.

CHRISTOS wrote: Hello there,

Today, as you advised me, I phoned early in the morning again to jobcentre plus regarding my claim for employment and support allowance and asked to speak
to a supervisor but there was no one available so I spoke with a lady. She told me that someone will call me back from the benefits centre between 9-12 and so they did. They called me at 11:30 am and told me that I failed at my habitual residence test, I explained to them that I live in the country for 3 years now and they advised me either to go to the local jobcenter and take the test again or make a new claim for Employment and Support Allowance

What do you think is going on and how do you advise me to act?

Many thanks.

Hi C,

Even though we advise on ESA, I am afraid that we do not do so when related to any entitlement that may be subject to immigration, habitual residence, right to reside issues.

You really need to gain advice from an agency/solicitor that specialises in this field.

The CAB may be a good starting point.

See also : Where to get advice

bro58