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Timeline if DLA cancelled and PIP not awarded

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7 years 7 months ago #169191 by Louisa
If I lose my DLA and am not awarded PIP, there's no question that I would be insolvent after the default four week run-on - and probably bankrupted. I mean, just for starters, who has a rental tenancy with one month notice on it - or are the DWP expecting all such cases to remain in the property without means to pay for it. How can an individual, who had previously been awarded lifetime DLA be expected to completely pack a life up and find somewhere else to live within a four week period - never-mind all the associated costs of moving, etc. I mean such a thing requires proper notice, at the minimum.

I mean this is outrageous and it's difficult to comprehend how it can be legal to place an individual in such an impossible situation. I'm presuming about myself, that in such circumstances as well, the most precious thing, i.e. my health, would be dramatically worsened in an irretrievable way (muscle wasting wise) as a result of being placed in such an impossible and unreasonable situation. I'm just not following how this can be legal, as in general I was under the impression that it's not legal for the state to remove essential support in such a manner.

Furthermore, there's no proper appeal system in terms of payments being continued to be made while an appeal is looked at. I mean what use is a successful appeal if in the time it takes, an individual has lost a home, become insolvent or bankrupt and lost precious health. To me, it all seems so vampirish in nature.

I've looked at the possibility of moving to ESA if such an eventuality were to happen, but it just wouldn't cover what DLA and it's various passports cover - by a long shot.

The problem is, the assessments are just such an unreliable process. I calculate, on a fair and accurate basis, that I should get 27 points on the daily living section - but as per my experience several years ago, with ESA, I could walk out feeling everything had seemingly gone well, only to find out a few weeks later that I'd been awarded 0 points. IMO, it was vicious abuse - not incompetence, on behalf of the assessor.

Given these are known issues - again, how can it be possibly legal to take someone on a lifetime DLA award and then potentially end up giving them one months notice to 'fold-up' their life - all the more so, given this dubious 'invitation' under duress which starts the whole ball rolling.

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7 years 7 months ago #169249 by Gordon
Louisa

I'm afraid there is no requirement on the DWP to consider the financial situation of the claimant if a benefit is removed.

ESA and PIP/DLA are not conflicting benefits, you can claim both if you meet the associated criteria.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 7 months ago #169307 by Louisa

Gordon wrote: Louisa

I'm afraid there is no requirement on the DWP to consider the financial situation of the claimant if a benefit is removed.

ESA and PIP/DLA are not conflicting benefits, you can claim both if you meet the associated criteria.

Gordon


Unfortunately, it seems that during initial application, ESA is subject to the benefit cap, whereas the existing award of DLA removes that. Is that correct and is there any temporary safety-net in place, to cover such an eventuality.

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7 years 7 months ago #169309 by Louisa
Extra question to above. I was awarded indefinite ESA (at an appeal tribunal) approx 5 or 6 years ago, along with DLA. However I soon gave up the ESA because I wanted to work more than 15 hours. I kept the DLR but have not been invited to claim PIP:

Given the above, is my ESA award able to be reopened and continue, or would I have to apply again. Like at what stage does an indefinite award of ESA become 'cancelled' and no-longer available.

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7 years 7 months ago #169310 by Gordon

Louisa wrote: Unfortunately, it seems that during initial application, ESA is subject to the benefit cap, whereas the existing award of DLA removes that. Is that correct and is there any temporary safety-net in place, to cover such an eventuality.


If you are receiving DLA (or PIP) then you should be exempted from the Benefit Cap, this would include a new ESA claim.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Louisa

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7 years 7 months ago #169311 by Gordon

Louisa wrote: Extra question to above. I was awarded indefinite ESA (at an appeal tribunal) approx 5 or 6 years ago, along with DLA. However I soon gave up the ESA because I wanted to work more than 15 hours. I kept the DLR but have not been invited to claim PIP:

Given the above, is my ESA award able to be reopened and continue, or would I have to apply again. Like at what stage does an indefinite award of ESA become 'cancelled' and no-longer available.


Your claim ended as soon as you closed it, if it has been more than 12 weeks since this happened then you would have to make a new claim for ESA from scratch.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Louisa

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