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What about me!
- Susie
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4 years 2 months ago #244221 by Susie
What about me! was created by Susie
Apologies for long post!!
My husband has been disabled for many years and has been in receipt of income based ESA, in the Support Group. He is in receipt of PIP for another three years and gets enhanced daily living and standard mobility. I am also included in his ESA claim as I am also disabled. In my own right I have an indefinite award for DLA and get high mobility and low care. His ESA is up for renewal and arrangements have been for his assessment to be carried out at home on 24th February (with 10 days notice).
My question is this: should he be found fit to do/look for work, what happens to my part of the claim? Obviously we will appeal any decision should he not be left in the support group (and his GP is in agreement with this), but I am aware that following an unfavourable mandatory reconsideration, it could take over a year with no money before there may be even an opportunity to go to tribunal. As his ESA claim financially provides for both of us, would I have no financial support either?
If you have got this far, thank you so much for your patience!
My husband has been disabled for many years and has been in receipt of income based ESA, in the Support Group. He is in receipt of PIP for another three years and gets enhanced daily living and standard mobility. I am also included in his ESA claim as I am also disabled. In my own right I have an indefinite award for DLA and get high mobility and low care. His ESA is up for renewal and arrangements have been for his assessment to be carried out at home on 24th February (with 10 days notice).
My question is this: should he be found fit to do/look for work, what happens to my part of the claim? Obviously we will appeal any decision should he not be left in the support group (and his GP is in agreement with this), but I am aware that following an unfavourable mandatory reconsideration, it could take over a year with no money before there may be even an opportunity to go to tribunal. As his ESA claim financially provides for both of us, would I have no financial support either?
If you have got this far, thank you so much for your patience!
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4 years 2 months ago #244249 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic What about me!
Fridgeraider
I'm afraid you are not part of your husband's claim, you are part of his household and that is why there are extra payments in his ESA, so if his ESA claim is closed then you have no entitlement in your own right other than your DLA.
If the worst happens then you can claim Universal Credit and ask for you both to be assessed for Limited Capability for Work but this will prevent a return to ESA even if the Decision to close his claim is overturned.
Gordon
I'm afraid you are not part of your husband's claim, you are part of his household and that is why there are extra payments in his ESA, so if his ESA claim is closed then you have no entitlement in your own right other than your DLA.
If the worst happens then you can claim Universal Credit and ask for you both to be assessed for Limited Capability for Work but this will prevent a return to ESA even if the Decision to close his claim is overturned.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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