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NI credits
- Gordon
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If she had advised you the other way around, UC and then HB and you had made a claim for UC then you would have grounds for a complaint but as she did not and you have not made a claim for either yet, then I don't think that you have,
Your best chance with the HB is to chase your ESA claim because if this is accepted then this would automatically allow a claim for HB.
Gordon
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- grace
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- Gordon
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If you made a claim for HB then have you received a Decision on this, their email does not constitute one?
If there was an adverse Decision then you can request a Mandatory Reconsideration of it and this would be where you would make your arguments about eligibility.
Gordon
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- grace
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10th Dec: I claimed HB online on the 10th Dec.
11th Dec: She e-mailed me (without sending a duplicate letter in the post) telling me she was extremely sorry, that she should've checked more thoroughly, but that I had to be "in receipt" of the SDP and therefore I had to claim UC - "To be able to claim Housing benefit now you need to be recieving the severe Disability Premium in ESA within the last month. As you are not currently in receipt of ESA you must claim Universal Credit.". So no, no letter of this 'decision' on my HB claim.
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- Gordon
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Decisions have to be notified in writing, email doesn't count.
Gordon
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- grace
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To be clear, having more than £16,000 means your ESA and HB claims were closed not suspended so any re-claim will be as new claims.
Are you absolutely certain they should be “closed”, not “suspended”? Earlier this year, I had googled disability websites and forums etc, and I kept reading that I needed to ask that ESA keep my claim open. I also encountered a local lady who had been in my situation 9 years ago, and she didn’t know to ask ESA to keep her claim open whilst she lived off her capital, but they volunteered this information to her and did keep her claim open so that at the end of the year when her capital depleted to £16,000 she didn’t have to make a new ESA claim but they reopened her existing claim and continued paying her. That’s why in my May letter, and subsequent letters, I keep referring to that I’d asked for my ESA claim to remain open. Is this possibility now definitely not in use because of changes to ESA and UC being introduced?
I finally received a reply letter from ESA in December saying that "[they] can confirm that [my] ESA claim has remained "live" from [May] (when my capital increased above £16,000), and have continued to receive NI credits".
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