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ESA to Universal Credit - Wrongly Advised?

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4 years 11 months ago #233223 by willow
Hi Gordon,
My wife was receiving ESA at nil payment (stamp only) I became redundant and our capital dropped below £16,000 in December 2018, We were advised by the DWP to claim Income Related (means tested) ESA.
The claim for IR ESA was submitted on a form provided by the DWP. After numerous phone calls - We were told in May 2019, in 2 separate telephone conversations - That my wife cannot claim IR ESA because of a change in circumstances and that she will need to claim
Universal Credit - We claimed UC in June 2019 as advised.
Uneasy we made a final call to the DWP - to be told that my wife’s claim for IR ESA had been treated incorrectly as a Contributory ESA Claim when it should have been processed as a means tested IR ESA claim!
We were advised to make a back dated claim for the IR ESA on a form which they provided along with a covering letter - We did this, awaiting results.
My wife was originally transferred from IB to ESA and received an additional element of benefit.

My wife would like to return to ESA and is prepared to make a formal complaint to the DWP, her MP and is willing to appeal if required.
Any advice on a course of action would be greatly appreciated.
Regards Willow

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4 years 11 months ago #233241 by Gordon
Replied by Gordon on topic ESA to Universal Credit - Wrongly Advised?
willow

Providing you can show that DWP advice to claim UC was wrong and that there was no other reason why a claim for UC was required, for example; you needed to make a new claim for one of the other benefits that come under the UC umbrella, then it should be possible to close the UC claim and ask for the Income Related component of ESA to be paid.

Her ESA(CB) claim should still be open so there should be no need for a new claim.

Gordon

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4 years 11 months ago #233269 by willow
Replied by willow on topic ESA to Universal Credit - Wrongly Advised?
Hi Gordon,

Thank you for your advice - What are the first steps we need to take please?

Regards Willow

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4 years 11 months ago #233277 by Gordon
Replied by Gordon on topic ESA to Universal Credit - Wrongly Advised?
Your first post states that you have already started the process of asking for a backdated ESA(IR) award!

Was the form an ESA3?

Gordon

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4 years 11 months ago #233282 by willow
Replied by willow on topic ESA to Universal Credit - Wrongly Advised?
Hi Gordon

The form was an ESA 05/18

Willow

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4 years 11 months ago #233285 by Gordon
Replied by Gordon on topic ESA to Universal Credit - Wrongly Advised?

willow wrote: Hi Gordon

The form was an ESA 05/18

Willow


This is used to assess your eligibility for ESA(IR).

Gordon

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