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Cpt Scarlet

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Cpt Scarlet last won the day on January 5 2017

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  1. If the DWP are claiming back £3000 then they obviously don't know about your situation! So as I have said before, if your wife notified them that she is part of a couple then you need to prove that this happened. You should both receive £109.65/week for you ESA, your wife's will almost certainly be reduced to recover the over payment unless you can overturn the Decision.
  2. Yes you can both claim ESA(CB) as individuals, but the point is that in addition to her ESA(CB) your wife is claiming ESA(IR) as a s single person and she cannot do that as she is part of a couple.
  3. the Disability Income Guarantee is only paid as part of Income Related ESA, so your wife must be receiving ESA(CB) with an ESA(IR) top-up. However, ESA(IR) is paid to a couple and based on your original post your other income would not allow any ESA(IR) to be paid, so the only way that it is, is if your wife is being paid as a single person so that you pensions, etc. are not considered, this is confirmed by the fact that she is receiving the single person rates for ESA(IR) and not the couple rates. ESA(IR) is only paid after the claimant has declared their household income and savings (there are other considerations but they are not relevant). So either she failed to declare you, which is bad, or she did declare you and the DWP have not processed the information. She will have either made the declaration on an ESA1 when she made her claim for ESA or on an ESA3 if the claim for ESA(IR) was made after the claim started. You need to find this information to see what was recorded on the form.
  4. You said she is receiving an "enhancement rate of £15" what is this labelled as on her last entitlement letter?
  5. Is the £15 your wife receives the Disability Income Guarantee? If it is then this is the problem, this is only paid as part of Income Related ESA (for you both as a couple) and based on your other incomes this should not have been payable. To be paid ESA(IR) your wife would have had to have either completed the income section on the ESA1 when she initially applied for ESA or an ESA3 at some later. Both of these deal with household income and assets, so either she left you off of the form in which case the monies are recoverable or she didn't and this is the DWP's error. You need to see if you have copies of these forms.
  6. No they would be either Class 3 Contributions or Class 1 Credits but not the Class 1 Contributions that you need to claim ESA.
  7. Fox I'm afraid you cannot buy NI Contributions only Credits, these can be used to meet the Second Condition but not the first.
  8. You don't have a legal right to have it recorded, recordings are at the discretion of the assessment provider although there should be no reason why they would refuse providing they can find an assessor who agrees to it as well. PIP assessments have to be recorded by the claimant the AP won't provide the equipment. The DWP have made it clear that a failure to record the assessment on the day, whatever the reason, will not be accepted as Good Cause for failing to participate in the assessment.
  9. Have a look at CPIP/1599/2016 it might help it talks about the risk of a seizure rather than an actual one for the majority of the time.
  10. What did the Judge say when they adjourned the hearing? I know that they said about getting Representation, did they also say that the panel could return a Decision of fewer points as well as more, or words to that effect. If they did then the Judge has issued a warning that they the panel do not believe that your evidence supports your current award and if you continue with the appeal that there is a possibility that they will remove that award.
  11. If you have been found Fit for Work then you are not entitled to any ESA payments during an MR, the only replacement benefit available to you at this time is UC. If you go onto to appeal then you may be able to request to be put back on the ESA Assessment rate, but you have to have completed the MR process first.
  12. You have no legal right to require that the assessment is recorded and the DWP have stated that they will not accept a failure to record as Good Cause for a failure to attend or participate in the assessment. That said Maximus should be making a reasonable effort to provide an assessment which is recorded, so I would let them do the talking. If there is no recording facility then remind them that they had agreed to provide it, what you need them to do is offer a new assessment date when the recording will be done, so you haven't failed to attend.
  13. Bazooka Boo SDP is not enabled by a PIP Mobility award it is only a Daily Living award that can do this. Also you need to be living alone or considered to be living alone and no one must be receiving Carers Allowance for you. However, this is not the whole story, to actually receive payment you must be receiving or entitled to receive an Income Related benefit such ESA(IR), JSA(IR), Income Support or Pension Credit (SDP is not available under UC). It is not an extra payment added to your PIP award.
  14. I'm afraid the Tribunal can only recommend how long the claimant can go before a reassessment it is not legally binding on the DWP / Social Security Agency. If you don't attend then your claim will be closed. The recording of ESA assessments is a curtesy by the DWP and Maximus, claimants have no legal right to require their assessments are recorded. You can ask if they will allow you to record but I would expect you to gave to provide the equipment, two cassette recorders should be acceptable.
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