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Thread: ESA stopped but won at tribunal

  1. #1

    ESA stopped but won at tribunal

    Hi
    Really hoping somebody can help me, my ESA was stopped in April for not supplying evidence of my wage slips, I did sent all my wage slips to the DWP and know they received them as the same day i received conformation of ESA stopping they sent me another letter stating an overpayment on my wage slips, I rang up to say that they had indeed received them to be told no we haven't and your claim is closed, I then informed them that I had my date for Tribunal 13 may 2019, the lady on the phone said "oh I would wait until your tribunal and see what happens" this is what I did, I won my tribunal and now wondering what happens now as it's over a month since I won and not heard anything from the DWP should i ring them or just wait any advice would be helpful Thank you

  2. #2
    Senior Member nukecad's Avatar
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    What was the tribunal about?

    Was it about the wages/wage slips? Or was it about something else?
    It will make a difference to what may be happening now.

    Presumably we are talking about Permitted (exempt) Work here.
    From what you say there seem to be two issues:

    1. If you earned above the PW limit in any week (or worked more than 16 hours) then you would not be paid ESA for that week, but that should not close your claim.
      However if you regularly exceed the PW limits then they may well decide that you are working and so are not eligible for ESA.
    2. Failing to provide evidence of your earnings could be see as an attempt to claim benefits that you are not entitled to.
      In which case they will close your claim and it's up to you to prove otherwise.
      (Yes the DWP get away with 'Guilty until proved Innocent').



    Regarding the tribunal decision - Just like you have, the DWP have a month to decide if they want to appeal the decision to the Upper Tribunal.

    The only way to find out what is happening at the DWP is to ring them.
    Last edited by nukecad; 06-12-2019 at 12:25 PM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

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  3. #3
    Hi
    No my contract at work was revoked due to illness, they sent me the final holiday and last month wages as per employment contract, I sent my P45 and wage slips they said they received my P45, but not wage slips, even though a letter states that I had an overpayment on certain dates which can only be due to them reviewing my wage slips, I won my tribunal due to the fact I'm now classed as disabled

  4. #4
    Senior Member nukecad's Avatar
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    Thanks, I think I understand that now.

    It would be a helpful/clearer if you could tell us:
    When did you first apply for ESA, and when was the decision made refusing ESA that you had to appeal?

    It can be an issue if you get paid anything after you have started your ESA claim. (Or if they think you have).

    Without the information about when you calimed and the initial decision date I'm guessing the following:

    I'm guessing that your payslips were 'misplaced' and only found later, so someone has said 'This person has got wages now, so is working now, so can't claim ESA.' (They can be numpties at times).

    The letter that you got saying that your ESA had stopped should have said why ot had been stopped and that you could ask for an MR and appeal against that stop.
    That is a different MR/appeal from the one that you have had awarding you ESA.

    So it looks to me as if:
    • You have won your tribunal (in May) awarding you ESA from the date of the initial decision (not in May).
      The tribunal decision applies to/from the date of the initial refusal decision.
    • They have then stopped your ESA (probably for the wrong reason) from a later date (April) than that initial decision.
      The tribunal that you have had was not considering that stoppage, it could only consider the initial decision.
    • So you need to MR/appeal that stoppage decision.

    Or to put it another way - The tribunal have awarded you ESA from date A, then the DWP have stopped it from later date B.
    It doesn't matter that the tribunal was held after B, the tribunal could only consider/rule on A.

    So as far as the DWP are concerned you have been awarded ESA from date A, but have then had it stopped again from date B (for having wages?).

    If you can supply those 2 dates, when you first claimed, and when it was first refused, then it should be clearer if that is indeed what as happened.

    I would say that what you should do now is either:
    1. Ask for MR (and maybe appeal) against the decision to stop your ESA. You'll need to see from the letter just why they stopped it and MR/appeal against that.
      You are a bit out of the one month allowed for MR, but they will somtimes accept late MR's. (Explain that you were waiting for the first tribunal decision).
      or
    2. Make a new claim for 'New Stye ESA and ask for it to be linked to the claim which has been closed. (So you wouldn't need a new WCA if it's less than 12 weeks since the old one ended).

    I'd say the first option is best (if you can manage without the money for a while) because if you make a new claim you may lose any money from when the old one was closed until the new one opened.

    I suggest that you contact a local welfare advice organisation who can see all you letters/dates and help you get it sorted out.
    You can find local advisors by putting your postcode in here:
    https://advicelocal.uk/find-an-adviser
    Last edited by nukecad; 06-12-2019 at 02:13 PM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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