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change of circumstance question
- twinkerzzz
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11 years 10 months ago - 11 years 10 months ago #105857 by twinkerzzz
change of circumstance question was created by twinkerzzz
Hi
During spring of this year i got both my ESA and my DLA reviewed and renewed.
My DLA was awarded for 5 more years (2017)
My ESA was awarded for 6 months. (September 2013)
My question concerns an anxiety i have if in September if my ESA award is disallowed and i have to move on to JSA.
1. Do i have to treat possible dis-allowment of ESA in September and a new claim of JSA as a change in circumstance and notify the DLA even though my medical treatment will continue unchanged at least until the end of 2013 ?
2. If i was in this situation in September and you do advise it is a change in circumstance then are the DLA duty bound to pay me DLA for a min. of 12 months (until spring 2014) without reassessing me for PIP under the rules where the minimum DLA payment is for 12 months ? - OR will i trigger a PIP assessment in September if i loose ESA ?
I'm just a bit confused about whether ones benefits are counted as a change in circumstance or if it's more about one's illness, disability, medical treatment, and occupation.
During spring of this year i got both my ESA and my DLA reviewed and renewed.
My DLA was awarded for 5 more years (2017)
My ESA was awarded for 6 months. (September 2013)
My question concerns an anxiety i have if in September if my ESA award is disallowed and i have to move on to JSA.
1. Do i have to treat possible dis-allowment of ESA in September and a new claim of JSA as a change in circumstance and notify the DLA even though my medical treatment will continue unchanged at least until the end of 2013 ?
2. If i was in this situation in September and you do advise it is a change in circumstance then are the DLA duty bound to pay me DLA for a min. of 12 months (until spring 2014) without reassessing me for PIP under the rules where the minimum DLA payment is for 12 months ? - OR will i trigger a PIP assessment in September if i loose ESA ?
I'm just a bit confused about whether ones benefits are counted as a change in circumstance or if it's more about one's illness, disability, medical treatment, and occupation.
Last edit: 11 years 10 months ago by Gordon.
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11 years 10 months ago - 11 years 10 months ago #105862 by Gordon
1. I do not believe that there is a specific reason why you would need to contact the DLA unit, as you can start work when receiving DLA without having to do so. The requirement to notify DLA is that the change in you circumstances is the result of a change in the level of Care and/or Mobility needs, however, you should be aware that it is standard practice for the DLA unit to be made aware of failed ESA claims, so even if you do not inform them they may still be aware.
2. The minimum DLA award is one year and as far as I am aware the DWP cannot "re-visit" the Decision during this period.
As an alternative to your signing on for JSA, if your GP is prepared to provide Fit Notes, you can appeal any Fit for Work Decision and subject to your circumstances, you will be paid the ESA Assessment rate, this is currently the same as the JSA rate.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic change of circumstance question
nicholson wrote: Hi
During spring of this year i got both my ESA and my DLA reviewed and renewed.
My DLA was awarded for 5 more years (2017)
My ESA was awarded for 6 months. (September 2013)
My question concerns an anxiety i have if in September if my ESA award is disallowed and i have to move on to JSA.
1. Do i have to treat possible dis-allowment of ESA in September and a new claim of JSA as a change in circumstance and notify the DLA even though my medical treatment will continue unchanged at least until the end of 2013 ?
2. If i was in this situation in September and you do advise it is a change in circumstance then are the DLA duty bound to pay me DLA for a min. of 12 months (until spring 2014) without reassessing me for PIP under the rules where the minimum DLA payment is for 12 months ? - OR will i trigger a PIP assessment in September if i loose ESA ?
I'm just a bit confused about whether ones benefits are counted as a change in circumstance or if it's more about one's illness, disability, medical treatment, and occupation.
1. I do not believe that there is a specific reason why you would need to contact the DLA unit, as you can start work when receiving DLA without having to do so. The requirement to notify DLA is that the change in you circumstances is the result of a change in the level of Care and/or Mobility needs, however, you should be aware that it is standard practice for the DLA unit to be made aware of failed ESA claims, so even if you do not inform them they may still be aware.
2. The minimum DLA award is one year and as far as I am aware the DWP cannot "re-visit" the Decision during this period.
As an alternative to your signing on for JSA, if your GP is prepared to provide Fit Notes, you can appeal any Fit for Work Decision and subject to your circumstances, you will be paid the ESA Assessment rate, this is currently the same as the JSA rate.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 10 months ago by Gordon.
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- twinkerzzz
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11 years 10 months ago - 11 years 10 months ago #105874 by twinkerzzz
Replied by twinkerzzz on topic change of circumstance question
Hi
just to clarify:
You seem to be affirming the point the a change of circumstance for DLA is usually concerned with reporting the changes in the condition of disability or illness and NOT benefits.
1. where you state:
"it is standard practice for the DLA unit to be made aware of failed ESA claims" AND "The minimum DLA award is one year and as far as I am aware the DWP cannot "re-visit" the Decision during this period"
Does that mean even in the case they might be informed of a failed ESA claim, they can't allow it to trigger a DLA claim 're-visit' within the first 12 months of any DLA claim ? It seems to me a failed ESA claim could indicate on paper at least, a change in condition of disability or illness so i am a bit confused about that one. I am assuming the 12 month rule overrides everything and the DLA claim remains untouched ? Please affirm.
...and many thanks for your attention.
n
just to clarify:
You seem to be affirming the point the a change of circumstance for DLA is usually concerned with reporting the changes in the condition of disability or illness and NOT benefits.
1. where you state:
"it is standard practice for the DLA unit to be made aware of failed ESA claims" AND "The minimum DLA award is one year and as far as I am aware the DWP cannot "re-visit" the Decision during this period"
Does that mean even in the case they might be informed of a failed ESA claim, they can't allow it to trigger a DLA claim 're-visit' within the first 12 months of any DLA claim ? It seems to me a failed ESA claim could indicate on paper at least, a change in condition of disability or illness so i am a bit confused about that one. I am assuming the 12 month rule overrides everything and the DLA claim remains untouched ? Please affirm.
...and many thanks for your attention.
n
Last edit: 11 years 10 months ago by Gordon.
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11 years 10 months ago - 11 years 10 months ago #105881 by Gordon
Claimants have a general responsibility to inform all of the agencies involved of a Change of Circumstances, however, ESA and DLA are not linked benefits (ESA -> DLA) and starting work and by analogy claiming JSA, is not usually considered a change of circumstances for DLA, unless it is the result of a change in your stated limitations, in which case it is.
DLA awards are made for a minimum of a year and should not be re-assessed within this period, however, there are no absolutes in the benefit system, so if your potential ESA failure was determined to be the result of your fundamentally failing the eligibility criteria, then it could trigger a review of your DLA, however, under normal circumstances I would not expect this to happen.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic change of circumstance question
nicholson wrote: Hi
just to clarify:
You seem to be affirming the point the a change of circumstance for DLA is usually concerned with reporting the changes in the condition of disability or illness and NOT benefits.
1. where you state:
"it is standard practice for the DLA unit to be made aware of failed ESA claims" AND "The minimum DLA award is one year and as far as I am aware the DWP cannot "re-visit" the Decision during this period"
Does that mean even in the case they might be informed of a failed ESA claim, they can't allow it to trigger a DLA claim 're-visit' within the first 12 months of any DLA claim ? It seems to me a failed ESA claim could indicate on paper at least, a change in condition of disability or illness so i am a bit confused about that one. I am assuming the 12 month rule overrides everything and the DLA claim remains untouched ? Please affirm.
...and many thanks for your attention.
n
Claimants have a general responsibility to inform all of the agencies involved of a Change of Circumstances, however, ESA and DLA are not linked benefits (ESA -> DLA) and starting work and by analogy claiming JSA, is not usually considered a change of circumstances for DLA, unless it is the result of a change in your stated limitations, in which case it is.
DLA awards are made for a minimum of a year and should not be re-assessed within this period, however, there are no absolutes in the benefit system, so if your potential ESA failure was determined to be the result of your fundamentally failing the eligibility criteria, then it could trigger a review of your DLA, however, under normal circumstances I would not expect this to happen.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 10 months ago by Gordon.
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