ESA - Not bothering to claim or being Sanctioned?

[ChalkyWhite]

Hello,

 

I am a new member, with a query about ESA.

 

I am physically disabled also have a few mental problems now (PTSD and now severe depression - brought on by being limited by my physical disabilities). Until a few months ago I managed to work full time, but my physical disabilities how deteriorated over time and I can no longer work. My SSP and Occupational sick pay then ran out.

 

I put in a claim for Employing Support Allowance (ESA) and was paid circa £64.00 per week. I then had the fun of a medical (the medical report seemed to be about someone else as it had no bearing on my disabilities). I put in an appeal tribunal and was eventually put in the Work Related Group. It is Contribution Based ESA if that makes any difference.

 

Now, with being in this group I have to attend a private provider so many times and look for work or take part in work related activities. However I am just to ill to do this. I have missed some of the appointments already as my disabilities just will not permit me to go to them (The spirit is willing but the body is just too weak - i hope you know what i mean).

 

Anyway, I have told I will get 'sanctioned' if I do not go to any of the meetings or the silly 'work related activity' sessions (where all the private provider is interested in is getting me into a job I have no hope of physically doing).

 

My questions are twofold really.

 

If I get 'sanctioned' what happens?. Will it also affect my Local Housing Allowance and Council Tax Benefit (currently the LHA/CTB pays all my rent/Council tax).

 

Or, can i just stop my claim as I cannot go through with all this hassle?. If I just close down my claim (I hope I am at liberty to do so), again will this affect the Local Housing Allowance/Council Tax Benefit?.

 

Are there any other implications of closing down my claim (other than losing the money?)

 

I am not sure whether to just jack in claiming ESA or remain and be sanctioned. I am really worried about making sure my rent and council tax gets paid (I rent privately).

 

Thank you for any advice or help.

[MONX]

If you choose not to claim ESA which you are perfectly entitled to do, thats fine, you can just withdraw you claim.

 

If you can survive without the income that is fine although there are other considerations, your national insurance contributions need to be up to date in order to claim a state pension when you retire and you must have at least 30years either paid or credited. By not claiming now this could affect that.

 

If your rent and council tax benefit is already being paid by the local authority its a good bet that you can still claim them if you close your ESA claim down if you claim it on the grounds of no income.

 

If you have no income I am not sure how you will survive from day to day. If you have savings and capital that would have limited or negated any HB or CTB you may have been entitled to as they are means tested.

 

Unfortunately the providers and the medicals are part of the process for claims to ESA, like them or not they are the hoops you have to jump through, incidently you dont say what the outcome of the appeal was, did they find in your favour? I would assume so otherwise you would be found fit for work and would have to claim JSA.

[ChalkyWhite]

If you choose not to claim ESA which you are perfectly entitled to do, thats fine, you can just withdraw you claim.

 

If you can survive without the income that is fine although there are other considerations, your national insurance contributions need to be up to date in order to claim a state pension when you retire and you must have at least 30years either paid or credited. By not claiming now this could affect that.

 

If your rent and council tax benefit is already being paid by the local authority its a good bet that you can still claim them if you close your ESA claim down if you claim it on the grounds of no income.

 

If you have no income I am not sure how you will survive from day to day. If you have savings and capital that would have limited or negated any HB or CTB you may have been entitled to as they are means tested.

 

Unfortunately the providers and the medicals are part of the process for claims to ESA, like them or not they are the hoops you have to jump through, incidently you dont say what the outcome of the appeal was, did they find in your favour? I would assume so otherwise you would be found fit for work and would have to claim JSA.

 

Hello,

 

Thank you.

 

I do have 30 years NI paid (I started work at 16 years old and had to give up work last year at 48 years old) therefore have already paid 32 years NI (without a break as it were as I have always gone from one job to another in effect).

 

The appeal was won in my favour (allegedly) from no ESA to ESA Work Related Activity Group. I was told I could not appeal further to be put in the Support Group unless there was a mistake in Law (the only mistake being they ignored my three consultants letters and GP letter and chose to follow the ATOS nurses report but that is not a mistake in law according to the welfare rights chap at the CAB with whom I had a one off 10 minute appointment).

 

So, if i do keep my claim going, but get 'Sanctioned' what are the sanctions involved - do they just drop you down to the 'Assessment rate'?. I just really want to make sure my LHA and C/Tax benefits are not affected.

 

If it means things get awkward then I think I would rather just close down my claim (again prioviding my rent and council tax are covered). I am just not well enough to play silly games with them.

 

I don't really have any savings (just about £1,000) in the bank.

 

Thank you.

[Aviva]

Not sure what the sanction would be might be that a lower amount is paid for a period of time or that they stop paying you altogether for a period of time.

 

If you stop claiming ESA or they suspend your claim and stop paying you (either altogether or for a period of time) they will write to your local Council and tell them that you are not entitled/receiving ESA and the Council will stop your HB and CTB payments.

 

However, this does not mean that you will no longer be entitled to these benefits. They are both assessed against your income which means that as long as you can show you are on a low income you will still be able to receive these benefits. You may be able to do this by just declaring a change of circumstances and handing in any relevant info or you may have to make a whole new application.

 

You need to really think about how you will survive if you stop claiming ESA altogether and are not well enough to work. Yes, your rent and council tax are likely to still be covered by HB/CTB but how will you pay for food, utility bills, etc. £1,000 savings will not last long.

[Simon7685]

I am not to sure what the sanction you face would be but I would hazard a guess that it will be financial, probably reducing the amount of ESA you receive. I do not believe that to close your claim would be a wise move, though I can see where you are coming from. Closing your claim could result in your Housing allowance and Council Tax benefits being suspended. If you are not receiving benefits, the council are going to want to know what you are living off and until that is established to their satisfaction you are likely to have your entitlement suspended. This in turn will cause you more stress and probably affect your health.

 

There are also other considerations, as you have health issues, I presume you have medication to take on a daily basis. If you are not on benefits you will lose your automatic entitlement to free prescriptions. Although you could apply on income grounds, it again would just cause you more hassle, more forms and more stress.

 

Regarding your ESA, have you thought of applying for a reconsideration due to your worsening health? It may be worth a try, you could try your GP for some support in the form of a letter to substantiate your claim.

 

I am sure someone else will look at this for you and have a better idea than me on the correct way forward for you but I hope some of this is some help for you.

[ChalkyWhite]

Thanks Aviva and Simon.

 

Money is not the issue as I can live without the ESA. but obviously I would rather have a 'sanctioned' amount than none at all. But will withdraw the claim if need be.

 

I am just worried if I stop the ESA or it is sanctioned, my LHA will stop as will my Council Tax Benefit. Those are my big two bills every month, which I would not be able to pay.

 

I feel I am being forced into work, despite how difficult it is for me due to my disability. Having only the one leg and one good arm together with a broken spine and neck that has left me wheelchair bound, In this recession no employer will seriously look to give me a job, particularly after I had to give up the last one due to it getting too difficult and I was off sick too often (i've been pensioned off twice now!). Now add on the depression and PTSD - say to any employer 'mental illness' and they run a mile.

 

The ESA tribunal more or less indicated I have to be almost dead to get in the support group!! I honestly would love to work, but practically I know its impossible.

 

I just feel like giving up with it.

 

Thanks anyway for listening.

[RaeUK]

Reading your last post ChalkyWhite really makes me so angry. What on earth do you have to do to get the help you both need and deserve? I think it really is quite appalling that you even have to consider coming off a benefit because they can't assess you properly!

Best wishes.

Rae.

Edited March 15, 2010 by RaeUK
I want a disabled revolution, fancy a protest anyone?

[antone]

I process ESA for a living. Don't close your claim. A sanction is a reduction in benefit, but the benefit won't be stopped completely and it won't affect your housing or council tax benefits.

 

Basically, you get £25.50 extra for being in the WRAG, and this money will be reduced by half at first, and then by 100%. So you would still get ESA, but at the assessment phase rate. The sanction would be removed if/when you attend the interview.

[EYEBALLS01]

Hi ChalkyWhite

Sorry to hear of your problems. I `m in a similar boat (ill health retirement after 35 years in same job). I managed the initial Jobcentre interview and one of the six compulsory ones. The lady there saw the state of me and had future ones deferred initially for three months, now a further three. She did say that once this time had run out (April I believe) they could do home visits which you may like to consider.

Since then I`ve sent them three letters, last by registered next day delivery, with medical evidence which I think should put me in the Support group and therefore no more imterviews. Yet to receive a reply.

 

You`ve paid your contributions for all these years so you are entitled. You could try your local Social Services and see if a welfare Rights person could help you.

 

I know how much this can take out of you (have you seen the time and my thread `A right pickle) but try and keep going. Take care

[loopinlouie]

Reading your last post ChalkyWhite really makes me so angry. What on earth do you have to do to get the help you both need and deserve? I think it really is quite appalling that you even have to consider coming off a benefit because they can't assess you properly!

Best wishes.

Rae.

 

Same here. It does show how hard their criteria is to get in the support group, as in rediculous. Maybe they want to push all the genuine disabled onto the reduced rate of esa. Think about it because of the stress how much the govt would save if we all did it. I know in my position I also would be one who couldnt cope with the work related group and would end up on the reduced rate rather than the stress of being belittled as to why I cant cope with work or rather why also work places dont seem to want to cope with me.

 

Its not a nice feeling when you know work feel you are a hinderence and if the op has been pensioned off twice, that should be an indicator not to put anymore pressure on.

 

Rant over:eek: xx

[tanx]

Hi Guys

Doesn't the government state that the ammount given in benefits is the MINIMUM ammount for survival ? Yet , they can sanction the MINIMUM ammount your given ! making you live on "less" than the MINIMUM

Surely this is NOT RIGHT , i would look into this and stand up for what is rightly yours. It's a wonder no one has brought action against the government about this - i certainly would if i was in a position where my minimum "survival" benefit was cut for whatever reason.

[loan_ranger]

Hi Guys

Doesn't the government state that the ammount given in benefits is the MINIMUM ammount for survival ? Yet , they can sanction the MINIMUM ammount your given ! making you live on "less" than the MINIMUM

Surely this is NOT RIGHT , i would look into this and stand up for what is rightly yours. It's a wonder no one has brought action against the government about this - i certainly would if i was in a position where my minimum "survival" benefit was cut for whatever reason.

I can see where you're coming from, however if the state couldn't use sanctions then what would be the alternative?

There would be no incentive for JSA claimants to look for work if they were paid unconditionally.

In "Chalky's" case I think that it would be best to remain on ESA in the WRAG and being sanctioned by losing the £25 bonus bringing the payment down to the assessment/JSA rate but challenge the unfairness of every incident of sanctioning because the WRAG conditions are incompatible with the severity of Chalky's disabilities, who really should have been moved into the support group. Get some advice please Chalky from community legal rights or CAB to see if you can, and how to, complain about the sanctions, hopefully JCP will eventually see sense and indefinitely defer the conditions, WFIs etc.

 

Regards, Paul.

[happyhamr]

Just read your thread, chalkywhite and just think it is

"Absolutely Disgusting" the way you and many,many more people

are being dealt with.

"DISGRACEFULL"

[loan_ranger]

Hi Chalky, further to my last post: I wouldn't worry too much about LHA/CTB being affected by sanctions, I say this because the full WRAG ESA rate including the £25 bonus is most likely already going to be below the applicable amount where "excess of income" starts. Check this on your local council's website first though. A problem would only arise if JCP closed your claim, in which case you should tell the council immediately yourself (because JCP can't be relied upon) and claim LHA/CTB on the grounds of "low income" (i.e. no income).