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4 years 4 months ago #242042 by Gordon
Replied by Gordon on topic Fighting for temporary ESA+HB, or UC?
Grace

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

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

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4 years 4 months ago #242048 by grace
Replied by grace on topic Fighting for temporary ESA+HB, or UC?
No, I HAVE already made the HB claim after she told me I could claim HB (and not UC) because I was "eligible". The day after I'd made my HB claim she e-mailed me to say she was wrong, I had to be in "receipt" and therefore had to now claim UC. Hence, my last post to you arguing this on technical grounds...that she should pay the penalty of advising me incorrectly, not me.

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4 years 4 months ago #242058 by Gordon
Replied by Gordon on topic Fighting for temporary ESA+HB, or UC?
Grace

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

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

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4 years 4 months ago #242062 by grace
Replied by grace on topic Fighting for temporary ESA+HB, or UC?
9th Dec: The HB team leader's e-mail on the 9th Dec (which was also sent as a letter) told me I COULD claim HB because I was "eligible" for the SDP.
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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4 years 4 months ago #242077 by Gordon
Replied by Gordon on topic Fighting for temporary ESA+HB, or UC?
Grace

Decisions have to be notified in writing, email doesn't count.

Gordon

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

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4 years 3 months ago #243410 by grace
Replied by grace on topic Fighting for temporary ESA+HB, or UC?

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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