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ESA appeal won-benefits not restored to prev rates

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4 years 8 months ago #236154 by Gary
Hi Teddy

I came across this information today which you may find useful:

universal credit transitional payments for claimants previously entitled to SDP
New ADM Memo confirms circumstances in which payments should be made, amounts and decision making process.

The DWP has issued new guidance to decision makers on the universal credit transitional payments for claimants previously entitled to the severe disability premium (SDP) provided for by the Universal Credit (Managed Migration Pilot and Miscellaneous Amendments) Regulations 2019 (SI.No.1152/2019).

Getting your MP to help you could be the best way forward, as you go to the top of the queue. Let us know how you get on.

Gary

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

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4 years 8 months ago #236199 by TeddlyMunder
Replied by TeddlyMunder on topic ESA appeal won-benefits not restored to prev rates
Thanks Gary...I'm not prepared to suffer financialy for advice given to me by ESA and that is exactly what's happening...I'll die before I let these thieves beat me...I'll keep you updated ..
Thanks my friend....

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4 years 8 months ago #236221 by lee-d
so what should you have done to help others ? not got the uc, untill your tribunaral?, if you didnt get the uc, would you have not got any payments of esa or jobseekers still,?

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4 years 8 months ago - 4 years 8 months ago #236242 by Gary
Hi lee-d

That is where the decision lie, when you apply for a MR your ESA payments will stop, at this point you will be told by DWP to apply for UC. If you do not claim UC you would still be eligible to claim HB on a nil income, if your MR is turned down then the next stage would be to appeal the decision, once you are in the appeal stage you would be entitled to claim basic ESA providing you are not appealing a decision for non attendance of your assessment in which case no payments will be made until you win your appeal.
If at the MR stage you decided to apply for UC then even if you win your appeal you will not be able to go back on ESA, if for instance you had a SDP with your ESA then you would loose this from the date you claimed UC.
Unfortunately I come across many of these cases, I inform the claimants to put a note on their jurnal as a flag to their work coach for future reference.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 4 years 8 months ago by Gary.

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