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‘Old’ ESA50 form, decision before 28 Jan 2013
- Verity22
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8 years 6 months ago - 8 years 6 months ago #142033 by Verity22
‘Old’ ESA50 form, decision before 28 Jan 2013 was created by Verity22
In your guidelines there is a section with the above heading. This section says:
‘If the initial decision on your claim was made before January 28th, 2013 these are the correct guides. Even if you go on to ask for a revision or an appeal you will still be covered by the old rules.’
My son received an ESA Tribunal Decision Notice in May 2011.
He was awarded a total of 30 points; there is also a pararaph in the Decision Notice saying that ‘even if this were not the case [the medical evidence before the tribunal] then reg 29 (2) (b) [Exceptional Circumstances] would apply, and apply indefinitely . . .’
He has just received a letter saying that his benefit will be stopped because he has savings over £16,000 (which is not the case) and because of the record of his NI contributions in 2007-2008 (when he was still a full-time student and not in any paid work).
We will of course be challenging this but can anyone advise us on the status of the original Decision Notice awarded in May 2011?
Thank you
‘If the initial decision on your claim was made before January 28th, 2013 these are the correct guides. Even if you go on to ask for a revision or an appeal you will still be covered by the old rules.’
My son received an ESA Tribunal Decision Notice in May 2011.
He was awarded a total of 30 points; there is also a pararaph in the Decision Notice saying that ‘even if this were not the case [the medical evidence before the tribunal] then reg 29 (2) (b) [Exceptional Circumstances] would apply, and apply indefinitely . . .’
He has just received a letter saying that his benefit will be stopped because he has savings over £16,000 (which is not the case) and because of the record of his NI contributions in 2007-2008 (when he was still a full-time student and not in any paid work).
We will of course be challenging this but can anyone advise us on the status of the original Decision Notice awarded in May 2011?
Thank you
Last edit: 8 years 6 months ago by slugsta.
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8 years 6 months ago #142039 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic ‘Old’ ESA50 form, decision before 28 Jan 2013
Hi Verity,
Claimants on Income Related ESA have to satisfy both the medical and financial criteria. It sounds as if your son satisfies the medical criteria but DWP believe he no longer meets the financial ones. Your son will have to convince DWP about his financial status in order for ESA payments to restart.
Claimants on Income Related ESA have to satisfy both the medical and financial criteria. It sounds as if your son satisfies the medical criteria but DWP believe he no longer meets the financial ones. Your son will have to convince DWP about his financial status in order for ESA payments to restart.
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- Verity22
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8 years 6 months ago #142043 by Verity22
Replied by Verity22 on topic ‘Old’ ESA50 form, decision before 28 Jan 2013
Hello Mrs Hurtyback
Thanks for your prompt response. I appreciate that we will need to provide evidence of his financial status (he does not have over £16000) however I had thought that he would still be entitled to the basic ESA allowance in any case.
I do not understand the new rules here, could anyone explain the current status of the original 2011 Tribunal Decision Notice which states that the Exceptional Circumstances would apply indefinitely?
Thank you
Thanks for your prompt response. I appreciate that we will need to provide evidence of his financial status (he does not have over £16000) however I had thought that he would still be entitled to the basic ESA allowance in any case.
I do not understand the new rules here, could anyone explain the current status of the original 2011 Tribunal Decision Notice which states that the Exceptional Circumstances would apply indefinitely?
Thank you
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8 years 6 months ago #142053 by Gordon
There are always two "assessment" issues associated with claiming a benefit;
- eligibility to claim the benefit in the first place and
- entitlement to payment
ESA has two sets of eligibility criteria, the first (Contribution Based ESA) is based on the claimants NI Contribution history and looks at the claimants record for the two (it may of been three in 2011) complete Tax Years proceeding the year of claim. For a claim made in 2010 these would of been (at least) 2007-2008 and 2008- 2009.
The other criteria (Income Related ESA), are based on the claimants financial status (this would include any partner) and looks their household income, assets and savings and any hours that a partner works.
Assets and income includes all current and savings accounts, cash, assets such as Premium Bonds, shares and ISA's, physical assets such as property with the exception of the house the claimant is living in. It does not include personal possessions such as jewellery but might include something like a coin or stamp collection if it seen as having been acquired as an investment.
On the little information available the DWP are saying that on review your son did not meet the Contribution conditions in 2011 and as a result he should not have been entitled to ESA(CB) and that at that time or sometime after, his assets and savings were in excess of £16,000 meaning he was not entitled to ESA(IR).
In the case of the former, I can see no reason why this would not be considered an official error by the DWP as the claimant is not required to provide information on this.
In regard to the assets and savings there are two issues, if your son believed that he was entitled to make a claim for ESA(CB) then he would not have been required to provide information about his savings and assets only information on any pension income he was receiving and therefore may not be held accountable. If he made a claim for ESA(IR) then he would have been required to provide detailed financial information and if this was inaccurate or he failed to subsequently notify of them of a change in his situation then he may be liable for aby over payment.
My best advice is for him to get face to face advice from trained advisor as these are not matters that we can give individual advice on and he really needs someone who can look over his paperwork on his claim. Do an internet search for "welfare advice" with his postcode, town or county.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ‘Old’ ESA50 form, decision before 28 Jan 2013
Verity22 wrote: Hello Mrs Hurtyback
Thanks for your prompt response. I appreciate that we will need to provide evidence of his financial status (he does not have over £16000) however I had thought that he would still be entitled to the basic ESA allowance in any case.
I do not understand the new rules here, could anyone explain the current status of the original 2011 Tribunal Decision Notice which states that the Exceptional Circumstances would apply indefinitely?
Thank you
There are always two "assessment" issues associated with claiming a benefit;
- eligibility to claim the benefit in the first place and
- entitlement to payment
ESA has two sets of eligibility criteria, the first (Contribution Based ESA) is based on the claimants NI Contribution history and looks at the claimants record for the two (it may of been three in 2011) complete Tax Years proceeding the year of claim. For a claim made in 2010 these would of been (at least) 2007-2008 and 2008- 2009.
The other criteria (Income Related ESA), are based on the claimants financial status (this would include any partner) and looks their household income, assets and savings and any hours that a partner works.
Assets and income includes all current and savings accounts, cash, assets such as Premium Bonds, shares and ISA's, physical assets such as property with the exception of the house the claimant is living in. It does not include personal possessions such as jewellery but might include something like a coin or stamp collection if it seen as having been acquired as an investment.
On the little information available the DWP are saying that on review your son did not meet the Contribution conditions in 2011 and as a result he should not have been entitled to ESA(CB) and that at that time or sometime after, his assets and savings were in excess of £16,000 meaning he was not entitled to ESA(IR).
In the case of the former, I can see no reason why this would not be considered an official error by the DWP as the claimant is not required to provide information on this.
In regard to the assets and savings there are two issues, if your son believed that he was entitled to make a claim for ESA(CB) then he would not have been required to provide information about his savings and assets only information on any pension income he was receiving and therefore may not be held accountable. If he made a claim for ESA(IR) then he would have been required to provide detailed financial information and if this was inaccurate or he failed to subsequently notify of them of a change in his situation then he may be liable for aby over payment.
My best advice is for him to get face to face advice from trained advisor as these are not matters that we can give individual advice on and he really needs someone who can look over his paperwork on his claim. Do an internet search for "welfare advice" with his postcode, town or county.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 6 months ago #142059 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic ‘Old’ ESA50 form, decision before 28 Jan 2013
This has nothing to do with 'new rules'. The medical exception might be indefinite (although I doubt that this will mean no further assessments). However, no ESA will be paid if the claimant is on IR benefit and does not satisfy the financial requirements because their income/assets are above the allowed limit. If these were between £6,000 and £16000 the ESA would be reduced £ for £, above £16000 payment ceases totally.
However, from what you say, it does seem as if this may be a mistake on the part of DWP.
However, from what you say, it does seem as if this may be a mistake on the part of DWP.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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