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Payment stopped
8 years 5 months ago - 8 years 5 months ago #143635 by bro58
Hi S,
Sorry to hear this !!
However, as you will recall, we did warn you of the potential danger of your ESA being stopped if you went abroad for more than 4 weeks : Here and Here.
It would not affect your PIP, as you are allowed 13 weeks abroad whilst in receipt of that.
We always advise members not to take what is said over the phone by DWP as always being correct, and to put issues in writing and obtain written confirmation.
If you are stating that DWP informed you over the phone that it would be O.K. to go abroad for 5 weeks and your ESA payments would not cease as a result of this, you need to obtain proof of this.
Most inbound DWP phone conversations are recorded, so you could try making a Subject Access Request (SAR) for the recording, if you can remember the date and time of the call that should help.
You can do this using a SAR Form :
SAR Form Download
From this page :
DWP Data Protection Policy
Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.
Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your ESA.
Write DPA 1998 SAR in front, top, left corner of envelope.
Once received, they have 40 calendar days to comply.
Sending Documents to the DWP or ATOS
Copies of such audio recordings are generally supplied on CD.
If you have a written decision notice informing you of your ESA Claim being closed, and you should have, you have one month from the date of the letter to request an Mandatory Reconsideration (MR) of that decision.
ESA MR/Appeals
Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.
You could also enlist further help from your M.P.
If you can't prove that DWP informed you that your ESA would not be stopped as a result of you going abroad for 5 weeks, you may well have a difficult battle on your hands to have your ESA reinstated.
bro58
Replied by bro58 on topic Payment stopped
Samra wrote: Hi I just wanted to know as you know from my previous message I went abroad for spritual healing for 5 weeks esa support group jobcentre was informed and was told not to worry they will sent out a form which I should fill in when I get back the form was received whilst I was abroad my payment has been stopped also I was given wrong advice from there staff now my question is what can I do ? I'm thinking of making an complaint and contacting my MP which I did contact before I left he said to inform them by phone and I did and this is what they do I'm also getting PIP they were informed to and no trouble what so ever please advise further I know they love lying to people which is unfair we have to fight against being ill and fight them
Hi S,
Sorry to hear this !!
However, as you will recall, we did warn you of the potential danger of your ESA being stopped if you went abroad for more than 4 weeks : Here and Here.
It would not affect your PIP, as you are allowed 13 weeks abroad whilst in receipt of that.
We always advise members not to take what is said over the phone by DWP as always being correct, and to put issues in writing and obtain written confirmation.
If you are stating that DWP informed you over the phone that it would be O.K. to go abroad for 5 weeks and your ESA payments would not cease as a result of this, you need to obtain proof of this.
Most inbound DWP phone conversations are recorded, so you could try making a Subject Access Request (SAR) for the recording, if you can remember the date and time of the call that should help.
You can do this using a SAR Form :
SAR Form Download
From this page :
DWP Data Protection Policy
Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.
Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your ESA.
Write DPA 1998 SAR in front, top, left corner of envelope.
Once received, they have 40 calendar days to comply.
Sending Documents to the DWP or ATOS
Copies of such audio recordings are generally supplied on CD.
If you have a written decision notice informing you of your ESA Claim being closed, and you should have, you have one month from the date of the letter to request an Mandatory Reconsideration (MR) of that decision.
ESA MR/Appeals
Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.
You could also enlist further help from your M.P.
If you can't prove that DWP informed you that your ESA would not be stopped as a result of you going abroad for 5 weeks, you may well have a difficult battle on your hands to have your ESA reinstated.
bro58
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