Esa stopped cos hubby moved in

[id6052]

write a letter of complaint to your local authority, (i would suggest something along the lines of) -

 

Dear sirs

 

Offical Complaint

 

I am in the process of applying for ES, however at the moment my sole income is DLA. I have been advised that you have refused my claim for Housing Benefit.

 

I request that you immediately assess my benefit entitlement based upon my sole income being DLA.

 

If you refuse to do so, please provide me with a detailed explanation as to why I am not entitled to benefit, including the relevant regulations and caselaw upon which your decision is being made.

 

Please note that if you fail to make a decision upon my benefit entitlement or provide the explanation requested, I intend to pursue such failure through the Local Government Ombudsman.

 

Yours faithfully

 

 

address your letter to the benefits manager and cc it to the Chief Executive

[id6052]

housing benefit and council tax benefit are income based benefits, they are NOT dependent upon your medical

 

if you are not receiving esa, they should assess you award based upon your other income

 

if you are subsequently awarded esa, and the award is backdated, you benefit should be reassesed to include the esa from the date your award is backdated to (in some instances, this may result in an overpayment, which the council will usually seek to recover)

[id6052]

my friend applied for it in july, it took 3 or 4 weeks to sort out

[id6052]

decisions in post can often take up to a week or two

[id6052]

my complaint is that they cancelled it and wasted time when the upcoming new appointment could be for someone else to have there hearing earlier

 

if there had been enough evidence to allow your appeal, they would have

 

the fact that they have decided to rearrange it so you can attend indicates that they require more information from you, so are giving you chance to provide it

 

would you rather they had just rejected your appeal

[id6052]

Questions i have is :

 

1. What do they mean that the decion is set aside on the 14/9/2012 ?
   
2. what does "First Tier" mean ?
   
3. will my money be backdated ?
   
4. because it doesnt say anything on the letter ?
   
5. can the DWP get out of not paying me ?
   
6. like making me attend any medical before giving out payment ?
   
7. and if they do backdate how long does it take ?
   

 

 

1. The tribunal is stating that the DWP decision which was made on 14/09/12 is being overturned
   
2. There are 2 different levels of appeal tribunal that deal with social security. When you appeal against a DWP decision, the appeal is heard by a first tier tribunal. If you appeal against a first tier tribunal is goes to the next stage which is an upper tribunal.
   
3. Without knowing what your appeal was about, I am not sure
   
4. Without knowing what your appeal was about, I am not sure
   
5. Without knowing what your appeal was about, I am not sure
   
6. Without knowing what your appeal was about, I am not sure
   
7. How long is a piece of string, it will depend upon your appeal and whether further information is required
   

Edited April 19, 2013 by id6052

[id6052]

If you get Housing Benefit, he may count as a non-dependent on your claim, but since he's under 25 and on JSA that probably won't be an issue. He must reclaim JSA as soon as possible if he moves in. He will simply need to use your address as his for the duration of his stay.

 

As you are getting care component of DLA, there would be no deduction applied to your HB for him, you may even get extra HB if an extra bedroom is allowed for him.