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Assessment rate stopped.
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4 years 7 months ago #237505 by cazziej
Assessment rate stopped. was created by cazziej
Good Morning
I have written previously about my husband who was claiming ESA and following his assessment he was awarded zero points. We asked for MR and the points were increased to 9 points, but as he did not reach the necessary 15 points he was advised to make himself available for work. There was no chance of him doing this as he has disc protrusions of the spine, impinging on nerves, arthritis of the hips, neck and knee and also has IBS. He is in constant pain and definitely unable to work. Anyway, we appealed the decision, and sent in medical certificates to cover him. He has been receiving around £146 per fortnight.
H received a letter saying that his benefit would cease as of 24.09.19 as he would have been receiving it for 12 months by then. We do not yet have a date for tribunal but understand that there will be a backlog.
My question is, what does he do now? He can't claim that he is fit for work and looking for a job, as he is isn't.
My other problem is that when I put our income into Entitled To, it comes back that he is not entitled to anything. He cannot get contribution based as he has not worked for 12 years but at the same time, our income appears to be too much. He receives a small pension of around £375 per month and lower rate care PIP (he was on high rate mobility but lost this at his last review). I receive carers allowance for him £66 per week, and I have a small NHS pension of less than £500 per month, lower rate mobility PIP and I do minimal self employed work, brining in around £490 per month.
With regards to our housing, we live 2 adult sons, one of them is currently one year into a 3 year apprenticeship. The other is on a very good wage and owns his own house (mortgaged). We live in his house with him and our other son. Entitled to asks about our housing situation but does not seem to cover our situation. It asks about both our son's incomes as if they should be supporting us and that there income is being taken into account. This is not true and I a bit puzzled why they would do this. Am I doing the right thing in adding in my 2 sons income or should I not be doing this?
It is very confusing and I am hoping you can advise.
Thank you in advance.
C
I have written previously about my husband who was claiming ESA and following his assessment he was awarded zero points. We asked for MR and the points were increased to 9 points, but as he did not reach the necessary 15 points he was advised to make himself available for work. There was no chance of him doing this as he has disc protrusions of the spine, impinging on nerves, arthritis of the hips, neck and knee and also has IBS. He is in constant pain and definitely unable to work. Anyway, we appealed the decision, and sent in medical certificates to cover him. He has been receiving around £146 per fortnight.
H received a letter saying that his benefit would cease as of 24.09.19 as he would have been receiving it for 12 months by then. We do not yet have a date for tribunal but understand that there will be a backlog.
My question is, what does he do now? He can't claim that he is fit for work and looking for a job, as he is isn't.
My other problem is that when I put our income into Entitled To, it comes back that he is not entitled to anything. He cannot get contribution based as he has not worked for 12 years but at the same time, our income appears to be too much. He receives a small pension of around £375 per month and lower rate care PIP (he was on high rate mobility but lost this at his last review). I receive carers allowance for him £66 per week, and I have a small NHS pension of less than £500 per month, lower rate mobility PIP and I do minimal self employed work, brining in around £490 per month.
With regards to our housing, we live 2 adult sons, one of them is currently one year into a 3 year apprenticeship. The other is on a very good wage and owns his own house (mortgaged). We live in his house with him and our other son. Entitled to asks about our housing situation but does not seem to cover our situation. It asks about both our son's incomes as if they should be supporting us and that there income is being taken into account. This is not true and I a bit puzzled why they would do this. Am I doing the right thing in adding in my 2 sons income or should I not be doing this?
It is very confusing and I am hoping you can advise.
Thank you in advance.
C
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4 years 7 months ago #237521 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Assessment rate stopped.
cazziej
The payments have been stopped because his ESA(CB) is only payable for 12 months if he is not in SG. If his appeal makes an SG award then his payments will be reinstated and he will receive back payment of any missed monies.
If he has 26 or more of NI Contributions in one of and at least 50 weeks of NI Contributions or NI Credits in the Tax Years 2016-17 and 2017-18 with one of the years later than those used for his original ESA claim then he should be able to make a new claim for New Style ESA which will give hime another 12 months of ESA at the least but you should think carefully before doing this if it is an option.
A new claim will result in a new Decision and this will supersede any Decision that a Tribunal might make, whatever that Decision might be, so as a worst case, the Tribunal may make an SG award and the NS ESA results in Fit for Work then it will be the latter that is taken forward although there would be a new right of appeal.
Beyond NS ESA I can't think of another benefit you could claim as your currrent income will prevent a claim for Universal Credit and even if you could claim this then he would then be assessed for Limited Capability for Work creating the same issue with his current appeal,
Gordon
The payments have been stopped because his ESA(CB) is only payable for 12 months if he is not in SG. If his appeal makes an SG award then his payments will be reinstated and he will receive back payment of any missed monies.
If he has 26 or more of NI Contributions in one of and at least 50 weeks of NI Contributions or NI Credits in the Tax Years 2016-17 and 2017-18 with one of the years later than those used for his original ESA claim then he should be able to make a new claim for New Style ESA which will give hime another 12 months of ESA at the least but you should think carefully before doing this if it is an option.
A new claim will result in a new Decision and this will supersede any Decision that a Tribunal might make, whatever that Decision might be, so as a worst case, the Tribunal may make an SG award and the NS ESA results in Fit for Work then it will be the latter that is taken forward although there would be a new right of appeal.
Beyond NS ESA I can't think of another benefit you could claim as your currrent income will prevent a claim for Universal Credit and even if you could claim this then he would then be assessed for Limited Capability for Work creating the same issue with his current appeal,
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 years 7 months ago #237533 by cazziej
Replied by cazziej on topic Assessment rate stopped.
Thank you Gordon. Is he likely to have been credited for NI contributions in previous years? Not sure what the criteria would be.
Do you have any advice regarding what I should be putting in the section for housing? The house is my sons house and we, and my other son live with him. By asking about their incomes, are they presuming that we would be supported by them, as well as my son kindly providing a place for us to live?
Do you have any idea how long the tribunals are taking, in the Manchester area?
Thank you
C
Do you have any advice regarding what I should be putting in the section for housing? The house is my sons house and we, and my other son live with him. By asking about their incomes, are they presuming that we would be supported by them, as well as my son kindly providing a place for us to live?
Do you have any idea how long the tribunals are taking, in the Manchester area?
Thank you
C
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4 years 7 months ago #237547 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Assessment rate stopped.
cazziej
He will have received NI Credits while receiving ESA.
Your sons are not part of your household so you should not need to enter their income.
Contact the Tribunal Service for current wait times in Manchester.
Gordon
He will have received NI Credits while receiving ESA.
Your sons are not part of your household so you should not need to enter their income.
Contact the Tribunal Service for current wait times in Manchester.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: cazziej
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