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Thread: ESA Appeal Failed

  1. #1

    ESA Appeal Failed

    Hi folks,

    My friend has had her ESA Appeal turned down. Her representative wrote to the court to tell them she wasn't going to the tribunal, 10 days before it was due to go ahead, just as we were writing a letter to try and let me represent her. It may not have been granted, but we had to try.

    She now just has Standard Daily Living & Mobility on PIP to live on and can't pay her rent or council tax.

    She is distraught and it's hit me really bad too as I know that huge change is coming and I have huge worries over her mental health (which is what she was on ESA for).

    The options are:

    I pay her rent and council tax. I have 3-4 months worth in savings. Then it's on to my credit cards.

    She moves in with me. I will likely lose my WTC with disability element and we won't be any better off between us minus a few £'s. I'll have to claim UC and hope my 6 illnesses can stand me working an extra 15 hours a week to cover the financial loss. I'll also lose my mind as I lose my independence and have to live with someone extremely negative and draining, but I can't see her homeless.

    The only other option i've heard about is a Nil Income Form. Do all councils provide this and is their a time limit on how long you can claim?

    She can't claim Universal credit for one month as she had ESA with SDP. She's in no fit state to claim anyway - she's housebound. She'll be sanctioned all the time for not making interviews etc.

    This is a disaster.

  2. #2
    Surely this lady is still entitled to Housing Benefit and Council Tax Rebate if she is on PIP ?

  3. #3
    Senior Member nukecad's Avatar
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    Sorry I seem to have missed this earlier.

    Quote Originally Posted by Davd76 View Post

    The only other option i've heard about is a Nil Income Form. Do all councils provide this and is their a time limit on how long you can claim?

    She can't claim Universal credit for one month as she had ESA with SDP.
    As you say the law prevents her from making a Universal Credit claim for one moth after losing her SDP.

    However because she had the SDP in the previous month.:

    She can still make new claims for Housing Benefit and CTR on grounds of nil income. (Her PIP should be discounted as income for HB, councils differ for CTR though).
    AND the SDP could be paid with the Housing Benefit. (Because it's no longer being paid with ESA).

    But she may not need to make new claims.
    If she already had HB and CTC then the DWP will have issued a stop notice when her ESA stopped, but she should then simply inform the council that she wants those claims to continue on the basis of nil income, (and wants the SDP adding to the HB), so it's a change to her existing claims rather than new claims.

    Similarly because of the SDP in the previous month she could make a new claim for Income Related JSA instead of claiming UC, but as you say there would probably be problems with the jobseeking conditionality.

    I note that you say she had a representative.
    Who was this and why are they not helping now?
    They should have been able to tell you the above.

    When you say that her appeal was turned down do you mean that it was not held, or that the tribunal upheld the DWPs decision?
    If the DWPs decision was upheld then is this 'representative' looking at possible ground for appeal to the Upper Tribunal?
    Last edited by nukecad; 06-12-2019 at 11:34 AM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

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