Pregnanat and ESA appeal dismissed

[Reptilekeeper]

Hi all

 

i am 26 weeks pregnant with a 3 year old girl. i received a letter today to let me know my esa appeal has been dismissed and i am no longer going to get money. i applied due to bad back problems, severe anxiety and clinical depression. i fell pregnant in that time also.

 

i am now worried as apparantly a jsa claim is going to take at least 2 weeks and i cant get a crisis loan due to the amount i owe them.

i owe £60 on my council rent, if i dont pay it i will be evicted. i am in emergency on gas and electric, with only sausages and fishfingers in the freezer. family cant help either.

 

please can i have some advice. i cant stop crying as i dont know what im going to do

[Nystagmite]

You can claim housing and council tax benefits without claiming out of work benefits.

 

Are you a single parent or do you have a partner?

[Reptilekeeper]

I am on housing benefits but still owe that money due to a bit of debt i built up not being able to pay my little bit of rent a while back.

 

i do have a partner but he has kinda been my carer for the past few years.

[honeybee13]

Hello there.

 

Can I just ask please? Had you asked for the DWP to reconsider your claim after a 'medical' by Atos or have you been turned down by a tribunal?

 

My best, HB

[Reptilekeeper]

Both. i had the medical, which declined my esa. i then went through an appeal with a tribunal, which has now got dismissed.

[honeybee13]

Oh dear, that's a tough thing to go through.

 

Thank you for clearing that up. I hope more of the guys will see your thread and advise you.

 

My best, HB

[Reptilekeeper]

Thank you. i was due to get paid tomorrow so really panicking

[Reptilekeeper]

Ok, now wev just found out our freezer didnt freeze the food proper and the fishfingers and sausages are off. luckily my daughter is at my mams but me and my partner havnt got anything apart from beans and bread.

 

i cant handle this. just feel like curling up and dying!

[honeybee13]

Don't give up, RK. I'm sure help will be along soon.

 

HB x

[MIKEY DABODEE]

Have they just notifiied you that your ESA was to cease?. With your payment being due tomorrow and I presume you made your claim to JSA today, could ypu try ringing the JobCente tomorrow and ask for backdating of JSA for two weeks, that should mean to the last day of your entitlement to ESA.

Then they could make a payment if the backdating is accepted and they have your form

 

" Your JSA claim can only be backdated for a maximum of 3 months even if you meet the above conditions.

However, you may also receive backdated JSA for a maximum of 1 month if you can show that you had "good cause" for delaying your claim for one of the following reasons (SS (C&P) Regs, reg 19(6)&(7)):

• the ES office where you "would be expected to make a claim was closed and alternative arrangements were not available"

• you could not attend "the appropriate office due to difficulties with [your] normal mode of transport and there was no reasonable alternative available"

• there "were adverse postal conditions"

• you were in receipt of another benefit before claiming JSA and the "notification of expiry of entitlement to that benefit was not sent to [you] before the date that [your] entitlement expired"

• you had claimed JSA in your own right within a month of separating from your partner

• a close relative (i.e. partner, parent, son, daughter, brother or sister) died in the month before your claim was made.

 

 

Maybe the fourth one down applies to you, its not your fault ESA let you know the day before payday your entitlement was to end....

 

If they cant backdate then I think you have may have chance of a crisis loan. You cant live on nothing

What about your child tax credit and child benefit?

Edited January 4, 2012 by MIKEY DABODEE

[Reptilekeeper]

we do get ctc and cb, its £58 ctc on fridays and £20 on a tues.

i am going to try my hardest for a crisis loan tomorrow. i am anemic(sp?) so need to take iron tablets with food. also, social services are involved with my 3 year old (messy house, long story). if we dont get gas, leccy, food etc, shel probably be taken.

[MIKEY DABODEE]

Hopefully Crisis loan will not refuse you a loan, try asking for JSA backdating you have nothing to lose, social fund will ring JSA and ask them if there is any benefit due to you if you have a new claim in, if you are not due any JSA as it stands they should pay you

Good luck and I hope you sort something out tomorrow

[Reptilekeeper]

Thank you ever so much. a neighbour is lending us some food for tonight. just fingers crossed for tomorrow.

[MIKEY DABODEE]

Again good luck with everything. When you are 39 weeks pregnant you could then make a claim to Income Support, this can be claimed untill your new baby is fifteen weeks..

 

Unless your partner has made the new claim to JSA then you can both stay on JSA, or close the claim and you then yo

at 39 weeks can claim I.S for the both of you..

[Nystagmite]

Again good luck with everything. When you are 39 weeks pregnant you could then make a claim to Income Support, this can be claimed untill your new baby is fifteen weeks..

 

Unless your partner has made the new claim to JSA then you can both stay on JSA, or close the claim and you then yo

at 39 weeks can claim I.S for the both of you..

 

I might be thinking of something else; but I'm sure there was something about IS and 29 weeks pregnant?

[Reptilekeeper]

Thought it was 29 wedks i could claim is, 12 weeks before im due. thats another confusing thing. by the time iv been on jsa, i will be able to go on is?

[MIKEY DABODEE]

LOL TYPO ERROR

twenty nine weeks , eleven weeks before and fifteen after for a couple,

you will for a few weeks be on JSA first

[Reptilekeeper]

Right. thank you again. just cant believe everything has gone wrong all at once.

[MIKEY DABODEE]

It always does somehow, but your JSA should be straight forward and in payment soon and thank goodness for good neighbours