Heellpp.! !

[Garyunsteady]

Hiya Girls & Boys.

I've just received the results of my last assessment for work capability, and despite me being partially sighted after a brain injury, and other issues that I have.
THEY'VE STILL GIVEN ME ZERO POINTS.!
What the hell?..... now it's been a couple of years since I won my last tribunal, but due to the brain damage, I can't remember how to proceed.
Do I put a claim in for J.S.A. as soon as possible?

Many thanks Gary

[pmlindyloo]

Are you appealing this decision? First you ask for a Mandatory Reconsideration (within one month of the decision date in the letter). If the decision is not overturned at MR (most aren't) then you can go to tribunal.

I am presuming you are appealing. You need to check whether you are in a Universal Credit area. If you are then you will have to apply for Universal Credit instead of JSA.

Check here:

https://www.citizensadvice.org.uk/be...versal-Credit/

If you are in a Universal Credit then you will remain on this during appeal and after the appeal even if the decision is overturned. You cannot go back on ESA once you have claimed UC. There is no SDP in Universal Credit so you would lose this if you are claiming it.

If you can manage for money until after the MR then you are best not to apply for UC.

I have just given you basic information so please tell us whether you are in a full service Universal Credit area.

It would be helpful to know if you are receiving any contribution based ESA and also whether you do receive any premiums with your ESA.

You can look at your ESA award letter and copy out how your money has been assessed.

[Garyunsteady]

Thanks for the rapid reply pmlindyloo.

Can I ask a few questions please?
Is it compulsory to ask for a M.R. before appealing?
Why is it best "not" to apply for "U.C", because it will only be a few weeks or so before I need some income?
What does S.D.P. stand for?

I've checked on the link you sent me and there is full "U.C." available in my area

I've never known if my ESA was contribution based but I've paid national insurance all my working life (approx 34 years)
My ESA did have 2 premiums which gave me an income of £332.90 per fortnight.
I'm assuming these will now vanish, and I'll be taking quite a steep drop in pay.

I assume there are many people going through the same trauma as myself, and it's difficult not to panic.

Thanks again for your quick response... Gary

[buble48]

Hello Garyunsteady

I can't answer many of your questions but I do know that yes, you do need to ask for a Mandatory Reconsideration before appealing. Rarely, but it had been known, they change their minds, especially if you can supply further evidence or challenge the assessment report.
In order to proceed to appeal at a tribunal you need to supply the tribunal with one of the two Mandatory Reconsiderations reports that are sent to you when a decision has been made about your M.R.

SDP stands for severe disability premium.

That's all I can answer for you I'm afraid, but good luck for your M.R.

[Garyunsteady]

Thanks "buble 48" that's useful to know, so I'll be contacting the Disability Resource centre here in Birmingham tomorrow, to see if they can help me with the M.R.

and please "pmlindyloo" accept my apology for throwing so many questions at you... I'm sorry but I went into a bit of a panic.

[nukecad]

I've never known if my ESA was contribution based but I've paid national insurance all my working life (approx 34 years)
My ESA did have 2 premiums which gave me an income of £332.90 per fortnight.
I'm assuming these will now vanish, and I'll be taking quite a steep drop in pay.

Should that have been £382.90 / fortnight?

If right then that would say that you were in Support Group (£73.10+37.65) and getting both Enhanced Disability Premium (EDP £16.40) and Severe Disability Premium (SDP £64.30).
So having those premiums says that at least part of your ESA is Income Related.

It's still not clear if the Support Group bit is CB ESA , but it looks likely that it is.

In those circumstances it is probably best if you can avoid making a claim for UC at the moment as you will lose those premiums if you claim UC.

• You can't go back to Income Related ESA once you have claimed UC.
• You may/should be able to get the CB ESA part back if you win at appeal, (I've not heard of a case of this happening yet), but the premiums would still be gone as they are only for IR.
• Any CB ESA you did get back would be deducted £ for £ from the UC.

(Which may be why I've not heard of a case of someone going back on it from UC after winning an appeal, maybe nobody has bothered. It would only make a difference to payments if you had savings over £16k in which case you couldn't claim UC anyway).

It's a bit 'catch 22' -

• If you claim UC then win your appeal you may get something of the premiums back with UC Transitional Protection in future, but it's not pinned in law yet if this will apply for appeal case wins or only to 'natural migrations' for changes of circumstance.
  (Consultations are still ongoing about the Transitional Protection Legislation).
• If you don't claim UC but lose your appeal then you will have lost out on UC for the period when you didn't claim it.

One other important thing to note-
If you currently claim Housing Benefit then the council will probably already have been informed that your ESA has stopped and so will stop your HB.
You need to get onto the council and tell them what has happened, that you are appealing, and that you want to change the basis of your HB claim from 'benefit passported' to 'low or nil income'.
It shouldn't be a problem if you do it without too much delay, just something else to remember to do.
(Of course if you do claim UC then 'Housing Costs' would be included in that).


TBH- Personally I'll be glad when the Transitional Protection Legislation is sorted out, UC is fully rolled out, and Managed Migration starts/ends, at least it will get rid of all these if's, but's, and maybe's.

[Garyunsteady]

Many thanks Nukecad.

It's been quite a while since we spoke, and it's comforting to hear from you again.

My E.S.A. income was broken down like this:

Living expenses: £73.10
Extra money because you are severely disabled: £64.30
Extra money because you are in a work related activity group: £29.05
which means your total "income related" amount is:£166.45 per week

I'm receiving P.I.P. Daily living component at the "Standard" rate
Mobility component at the "Enhanced" rate

I've got to confess, I'd never spotted those words "income related" before
As you can see here, I was in a work related activity group too, but seeing as my D.E.A was due to retire in February this year, she never made an issue of this.
I used to visit her approx once per month, where we just had a general chit chat.

I'll contact housing benefit today, to make them aware of my situation, which is "ZERO" income at present.
I've forgotten how to apply for a M.R. as my brain damage limits my memory quite severely.
There is a group of professionals here in Birmingham, The Disability Resource Centre who I'll be calling today too, so maybe they can help with the M.R. business.

I can avoid making a U.C. claim for a while, so I will do.
I feel compelled to apologise for having to lean on this group so heavily, but these are hard times for me.

p.s. I also have no idea what CBESA is.

Lots of thanks again, one very grateful Gary

[walker]

CBESA is Contribution Based ESA - i.e. NOT income related

[Garyunsteady]

Thanks Walker, all these abbreviations take some getting used to believe me!

[Jard]

Another thing to do:

Contact your GP ASAP and ask for a sick/fit note to cover you from the day after your award stops (see your Decision Notice letter)and keep it up to date and safe, you can then use this to claim the basic ESA (assessment) rate if and when your MR fails and you go on to Appeal at Tribunal.
Best of luck with it.