Advice on payments during Esa appeal

[Flagg613]

My Girlfriend went to a esa medical on 05/01/12, she failed this medical scoring only 9 points. she sent in the appeal form Gl24 and asked to be paid at the assessment rate of esa.

The appeal was reconsidered by a decision maker on 01/05/12 and they agreed with the medical and said she was fit for work. On the 25/05/12 she recieved a letter stating theu appeal would be heard by a independant tribunal.
Today she was meant to be paid but wasn't. We phoned up the dwp and got told that the dwp won't pay the assessment rate whil
e it is waiting for an appeal. She got told to sign on jsa, is this correct?

[wobble1]

In April this year the rules changed and now you can't get ESA whilst on an appeal. You can claim JSA but this then raises a lot of issues that some have different views on.
Some say that in claiming JSA you are only furthering the DWP's decision that you are fit for work. Also the JCplus will ask you what you were doing before and if you have been claiming ESA are you now fit to be available 24/7 for any work. If you say there are certain jobs you are unable to do they could refuse you JSA. The complication comes when JC plus advise you to claim ESA if there are certain jobs you are unable to do.
The DWP seems to have made no provision for the differences in the criteria for JSA and ESA.
e.g. If you have one leg they could deem you fit for work but if JC offer you a job as a window cleaner you would have to turn it down, I'm afraid it's the nonsense of the DWP at this time.
So you must choose, do you claim JSA or not, tough call.

[davewhit]

In April this year the rules changed and now you can't get ESA whilst on an appeal. You can claim JSA but this then raises a lot of issues that some have different views on.
Some say that in claiming JSA you are only furthering the DWP's decision that you are fit for work. Also the JCplus will ask you what you were doing before and if you have been claiming ESA are you now fit to be available 24/7 for any work. If you say there are certain jobs you are unable to do they could refuse you JSA. The complication comes when JC plus advise you to claim ESA if there are certain jobs you are unable to do.
The DWP seems to have made no provision for the differences in the criteria for JSA and ESA.
e.g. If you have one leg they could deem you fit for work but if JC offer you a job as a window cleaner you would have to turn it down, I'm afraid it's the nonsense of the DWP at this time.
So you must choose, do you claim JSA or not, tough call.

Have you a link to this as I heard it talked of in Newspapers and forums but did not think it had come in ....has this person not just come to the end of ESA CB at the same time as not being awarded ESA ?



CAB site says..............


If you are waiting for an appeal to be heard, you can either claim Jobseeker's Allowance (JSA) or continue to get the basic rate of ESA, depending on your circumstances. If you want to get ESA you should tell the Department for Work and Pensions (DWP). You must also continue to provide medical certificates.

[Duncan]

My Girlfriend went to a esa medical on 05/01/12, she failed this medical scoring only 9 points. she sent in the appeal form Gl24 and asked to be paid at the assessment rate of esa.

The appeal was reconsidered by a decision maker on 01/05/12 and they agreed with the medical and said she was fit for work. On the 25/05/12 she recieved a letter stating theu appeal would be heard by a independant tribunal.
Today she was meant to be paid but wasn't. We phoned up the dwp and got told that the dwp won't pay the assessment rate whil
e it is waiting for an appeal. She got told to sign on jsa, is this correct?

Employment Support Allowance Regulation 30 (1)and (3) allows ESA to be paid while a claimant has made and is pursuing an appeal against failing a medical.

[davewhit]

has she been on esa cb and it just so happens that her 12 months have run out at this time ? this could happen if you both live together and you work full time ......... if thats the case is she wins her appeal, but does not get support group they still wont pay out

[wobble1]

Have you a link to this as I heard it talked of in Newspapers and forums but did not think it had come in ....has this person not just come to the end of ESA CB at the same time as not being awarded ESA ?

I'm sure it was CPAG site I read it, I have not seen anything to suggest it hasn't been introduced.

Duncan,
I agree with you but I'm not sure what the OP is appealing exactly and as such in certain circumstances you can't claim ESA whilst waiting a tribunal. I was going on the basis that as he was told this by the DWP and therefore that they had grounds.
It may well be that he has been misinformed as the regulation 30 1,2 and 3 are complicated.

[davewhit]

I'm sure it was CPAG site I read it, I have not seen anything to suggest it hasn't been introduced.

Duncan,
I agree with you but I'm not sure what the OP is appealing exactly and as such in certain circumstances you can't claim ESA whilst waiting a tribunal. I was going on the basis that as he was told this by the DWP and therefore that they had grounds.
It may well be that he has been misinformed as the regulation 30 1,2 and 3 are complicated.

the only time I thought they stopped payment other than running out of time on CB esa is if you had appealed lost and was trying for upper tribunal appeal but the poster does not seem to be saying that ?

[Sebastian B]

An extract for another site:

If I appeal a decision that I am fit for work, what benefit will I be put on?
Whilst you are appealing you can either claim JSA or ESA at the assessment phase rate. But you will only be eligible for ESA at the assessment phase rate once you have submitted your appeal, so it's important that you get it in as quickly as possible.

[wobble1]

the only time I thought they stopped payment other than running out of time on CB esa is if you had appealed lost and was trying for upper tribunal appeal but the poster does not seem to be saying that ?

From reading the regs, it appears that it depends on what it is you are appealing against.
In general most folk are appealing the medical decision and ESA can continue but there aresituations where you can't.
The regs are so complicated the DWP and the CAB struggle to interpret them.

[Flagg613]

Thanks for all the replies. We have now finally found out what happened and I want to warn anyone who is appealing about what happened to my Girlfriend.

You have all read how My Girlfriend suddenly didn't get her income related Esa Payment, and how on phoning up she was told that the law had changed and Benefits are not paid whilst on appeal. THIS IS A LIE, it is to make you sign on.

We only know this thanks to a friend, who told us they often try this and it's designed to make you sign on and mess up your appeal. He told us to, not sign on and wait one day and the Esa payment would go in to the bank. We waited one day and the Payment went in to the bank, We phoned the Dwp up again and asked why the bad advice, they said they didn't know and it was because our sick note had not reached them, This was a sick note we sent on the 11th of May, 5 days ago My Girlfriend phoned the Dwp and was told the sick note had reached them, when we told the Dwp guy he said "I'm not sure what has happened, but at least you've been paid"

I believe my friend was correct and they told her that you didn't get the assessment rate during appeal, just so she would sign on.

Also my friend says the new law which apparently comes into law on April 2013 is a little different than what the Dwp are saying, basically you will only be allowed to get the Assessment rate from when you appeal, which will be after they have took it to a reconsideration stage. so basically in theory they could leave you waiting for ages from the initial decision to the reconsideration stage.

Example: You fail Medical.......6 weeks pass you can't appeal and don't get paid......Reconsideration stage....You can now appeal and will get paid Assessment Rate.

Hope I made that clear.