permitted work

my previous post details that housing benefit was stopped illegally and the Mp has written to various officials such as the Mayor of Hackney who reiterates the decision to stop the housing benefit as being correct after he contacted the housing benefits department.
However after seeing the directions from their own department HB U1/2015 advising that this practice should not be followed I am confused as to why this is not being corrected. The Mp is still awaiting further correspondence re this from the Director General of Operations at the Department for Work and Pensions and also has requested why the sanctions have been made and why my son received no assistance from staff at the jobcentre whilst he was having an epileptic fit.
Please advise if you think there is any thing further that can be done.
I have my son at home presently and we have visited my Gp with regard to his state of mind after his feeling of severe depression, suicidal thoughts and his general stat e of health.
My GP is concerned that there has been no action taken by health professionals to help him and has prescribed different medication to help and has advised further intervention by myself to speak to the Mental Health assessors at the hospital he attended on his breakdown.
Can this be used to ask for a reassessment of his claim to go into the support groupand how should this be handled if this is the case?


Hope you can help.
June

Gordon

I note your response . As it is over 3 years since the original decisions were made by the DWP should we now complete a further esa50 form with all the updated information regarding health issues having deteriorated significantly since the original assessment which was at the time not completed correctly anyway by the assessor .
We know the risks but feel sure that this needs to be done.

June

june cunningham wrote: Gordon

I note your response . As it is over 3 years since the original decisions were made by the DWP should we now complete a further esa50 form with all the updated information regarding health issues having deteriorated significantly since the original assessment which was at the time not completed correctly anyway by the assessor .
We know the risks but feel sure that this needs to be done.

June

Hi jc,

If you wish to instigate a review/supersession of the current award to gain access to The SG, you will need to report a Change of Circumstances (C of C) in writing to DWP ESA at the address of The Benefits Office/Centre on their most recent ESA letter :

Sending Documents to the DWP.

Although you could fill in an ESA50 by : Using The PDF Version Of The ESA50 Questionnaire whilst referring to the guides on this page, 2nd & 3rd links down : ESA Claims Guides and include that as well, the odds are that when you report the C of C you will be sent an ESA50 from : The Centre for Health and Disability Assessments (CHDA) (aka HAAS) (Maximus) who took over the ESA WCA Contract from ATOS on 02/03/15 anyway !

The review may also mean that he has to take part in a face to face assessment, but that would only be if they consider that you have not provided enough evidence for them to make a paper based assessment.

The only ways to gain access to The SG are either by fulfilling at least one, any one of : The Functional Support Group (SG) (LCWRA) Schedule 3 Activities/Descriptors or if any one of those Activities cannot be fulfilled via : ESA Reg 35 for entry to The SG (LCWRA)

For ESA Reg 35 to be applied you would need to show how and why there would be a "Substantial Risk" to his own mental or physical health or that of another person if he was not found to have Limited Capability for Work. (LCWRA) .i.e. If he was not placed into The SG !

All this is explained in our ESA Claims Guides and Gordon has also written a post : Here. . You can disregard the comments made regarding ESA Reg 29 as that only plces you into The WRAG !

You should Bookmark/Favourite this page in your Internet Browser now. That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.

See : This Topic also !

Thanks in anticipation of your future co-operation in keeping all your PIP related queries to this topic !

bro58

Hi all
Have been doing some digging and have discovered that my sons assessment was done(ESA85 on 11/4/2013 after having been migrated from income support which he had been on since 2004.
I do not know if it was transferred across as a matter of course as we cannot find a completed esa1 form.
The Esa 85 is the only paperwork we received from them .We are still not happy with his assessment onto wrag as they are continuously harassing him although they have been advised of his mental state, which is also shown as a problem back in 2012 on his esa85.He was recommended to be lookesd at again in the next 12months and this has not happened.
We wrote to them in Nov2015 again asking they look again at his case and have received no response. We have the proof of posting and receipt slip from the post office.What are your suggestions as we are thinking along the lines of completing a new esa50 on line.
One bright event was after badgering the housing benefit office after they cancelled his payment during his having been sanctioned in Oct2015 they have at last sent correspondence this morning saying that they have reinstated this paymen,
although i have also requested they look further back as this seems to have haopened before.
It is in the wording of letters received from the dwp saying the esa has been cancelled rather than that a sanction has been enacted.
At the same time as my son was sanctioned his mental health was such that he was and is still unable to manage any of his affairs and he merely signs our corrospondences Is this a valid reasoning as to why the sanction of the time should be repealed?t