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TOPIC: ESA WENT IN BANK THEM CAME STRAIGHT BACK OUT!!!

Re:NOT PAYING ESA UNTILL PASSED MEDICAL!!!!! 9 years 1 week ago #38604

  • pete17971
jj wrote:

pete17971,

i was claiming income support during the appeal phase, i was and still get dla both lower rates, and i have children so i was and still get child benefit and the same for CTC, HB+CTB, but no others.

what you thinking pete?


Hi,

I think you need to obtain some help to go through all your paperwork to try to establish the reaon this has happened.

Only by going through all your paperowrk with relevant dates etc can this be done. It is far beyond ourselves on the forum.

You can get the help you need from CAB etc or see this document giving sources of help:

www.benefitsandwork.co.uk/images/image/samples/getting_help.pdf

Pete

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Re:NOT PAYING ESA UNTILL PASSED MEDICAL!!!!! 9 years 1 week ago #38605

  • RachelPotter
jj, is the ESA50 due on Dec 21st, the first or second ESA50 form you will of filled in?

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Re:NOT PAYING ESA UNTILL PASSED MEDICAL!!!!! 9 years 1 week ago #38606

  • jj
Fedup,

Back in july i failed PCA from the old IB50,had appeal claim IS during the appeal phase, failed appeal. Then made this new first claim for ESA sent all med and this claim includes my first ESA50 which is due in on the 21 Dec 10. !!! I am as confussed as the next person...

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Re:NOT PAYING ESA UNTILL PASSED MEDICAL!!!!! 9 years 1 week ago #38613

  • RachelPotter
Hi, I think that if you haven't ever filled in an ESA50 form, you wont get any money until you have.

(Sorry, I am a bit confused still as to whether or not you have).

My reasoning is only based on my own experience

I was moved off of IS when my youngest child reached the lower age limit. I was asked did I want to claim JSA or ESA. I said ESA. There was then a period of at least 6 weeks when I had no money due to the Job Center not getting me to fill in the ESA50.

Best wishes,
Rachel

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Re:NOT PAYING ESA UNTILL PASSED MEDICAL!!!!! 9 years 1 week ago #38615

From what you have said as it would appear that it is less than six months since you failed the PCA, the DWP have realised their error and reversed their decision on your ESA claim.

It has probably been identified from an internal audit as an incorrect award, but nevertheless you are still entitled to an explanation at the very least why you are not being paid ESA, and a formal decision which carries the right of appeal must accompany any decision letter.

There are two exceptions to the six month rule, these being if you have a new medical condition or an existing medical condition has significantly worsened, you can reclaim ESA at any time. If either or both of these conditions may apply, you will initially need confirmation from your GP.

If none of these conditions apply, you will need to calculate six months from the date you failed the PCA, and submit a further claim for ESA.

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

Re:NOT PAYING ESA UNTILL PASSED MEDICAL!!!!! 9 years 1 week ago #38616

  • RachelPotter
Hi CrazyDiamond, I hope I'm not driving Mods mad trying to figure this one out! I'll butt out now!

The only thing apart from the 6th month rule, is whether or not an ESA50 was actually sent in?

Best wishes,
Rachel

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Moderators: GordonGaryBIS