whether I should be claim ESA/JSA confusion?

[nomo]

Hi

My situation is this. I was previously getting income support based on sickness, was assesed by ATOS in oct 2011 and told in nov 2011 (25th or 26th) that I would not be transfered onto ESA. I appealed this decision in dec 2011 (28 or 29th) and eventually had a first tier tribunal may 23rd, which upheld the decision made on nov 2011. I have been receiving ESA at assesment rate since jan 4th 2012 whilst I appealed, I have received no letter from the DWP yet but having checked with jobcentre my last ESA payment was the 5th june and my claim was stopped on the 6th june and has put forward to be processed on the 6th june( i think that means send me out a letter?)

 

My question is this -

can I claim ESA yet under the 6 month rule, there's a confusion that I've been informed that it's 6 month from the date of rejection of ESA nov 2011 (the letter in nov 2011 giving the descision says 6 mnths from the date on this letter) and also by someone acting on my behalf who phoned dwp that it 's 6month from the tibunals decision may 23rd 2012. I don't want to claim JSA but don't know if I have any other option. I need to have a claim for benefit of some sort in by 6th june (which has passed!) in order that my housing benefit isn't affected. So is it 6 mnths from tribunal descision or 6mnths from letter giving the descision that I don't have lmtd capacity for work?

 

I've phoned DWP(numerous times) who can't answer the question and also visit job centre who don't know either. I was told my best bet would be write to office dealing with my claim and ask them as the people who may know (a descion maker-ominious title!) aren't available over the phone.

 

Any info would be great.

[Nystagmite]

If you've developed a new condition or your condition has worsened, the 6 month rule doesn't apply.

[nomo]

Hi

Cheers for the reply. I've asked the dwp phoneline thing about the condition worsened/changed situation, I was told would result in a big gap in waiting for a payment if I apply under that category ie no money until I've been assessed. Also I dunno if my condition has changed/worsened, I suffer from depression so its very variable. Do I have to get my doctor to confirm it's worsened, which is ironic as they paid no attention to what he wrote for my tribunal as I only registered with him in Dec 2011.

Do you know if a new claim is from date of letter nov 25th ish or date of my tibunal 23rd may?

apologies for any spelling grammar hiccups , never was a strong point even in better circumstances.

best

[RaeUK]

Sorry, nomo, I'm not entirely clear on the ESA timeline from your initial post. However, this is the way it is:

 

The six month rule applies from the date you were informed that your application for ESA failed. it is NOT six months from the date of the Tribunal letter informing you you have failed the appeal. As the vast majority of appeals take more than six months from start to finish, most people can reclaim ESA immediately. I have done this twice so far.

If your condition has deteriorated then you can reapply before the six month period is finished. But, as I said, that's pretty much a moot point anyway.

 

I know the Government did make noises about changing the date from which the six months apply but I don't believe this has happened yet. Happy to be info'd otherwise ...

[nomo]

Hi

Thanks. Strictly speaking I've never made an application for ESA. I was on income support based on sickness then assessed to be transfered onto ESA, had an atos medical on Oct 11 then told I was rejected to be transfered on Nov 25th 2011. I have a letter saying you can make a new claim for ESA 6 mnths from this letter Nov 25th. I thought it was 6mnths from application failed not tribunal failed like you say but thought maybe would of changed since I heard about this about 7 mnths ago. Thanks for the info. Worried about what you say about ''Government noises'' about changing things. I'll admit my first post is a bit dense/confusing, so a timeline is a good suggestion.

 

Heres a timeline

 

2008-2011 receiving income support based on sickness (note I was found unfit for work under the previous system in 2008

 

may(ish) 2011 asked to fill in Atos form (lmtd capability for work questionare) and posted off

 

Oct 7th 2011 had Atos assessement which awarded no points and found capable for work

 

Nov 25th 2011 letter told not entitled for ESA and told last payment of income support based on sickness would be jan 03 2012. the letters dated 26th nov

 

Dec 29th 2011 submited appeal against ESA being rejected. I asked for a oral tribunal.

 

jan 16th 2012 Got letter saying appeal received and would be paid ESA at assement rate until the DWP notified by the tribunal of appeal outcome. so paid assessment rate ESA from jan 4th 2012( my last payment was june 5th and it's stopping june 6th)

 

may 23rd 2012 Had first tier tribunal. Failed. Given a decision notice at tribunal say appeal disallowed as they agree with the decision of the Examining Health Care Professional

 

June 8th went to jobcentre as hadn't heard from yet. Told benefit stopped on 6th june. Asked for JSA/ESA forms and which to apply due to not being sure about 6 mnth thing. Told to phone DWP and ask to speak to a descision maker, I've phone numerous times before and no-one can answer the question on the phone, he suggested I write to them to confirm the situation

 

As a side note. You can get physical copies of both ESA and JSA forms. I was told (and my mum too) at the jobcentre that JSA is online and over the phone only and ESA is online print out your own form or over the phone. I got copies of both, they're like the sasquatch or something. My mum asked for a ESA and a JSA form and was told you cant apply for both, given the how to apply leaflets (green JSA and red ESA the wee info booklets) , told it's online or over the phone and felt uncomfortable enough to leave. She asked do you have these forms not that she wanted to apply for any benefits !

 

thanks

[RaeUK]

My interpretation, then, would be six months from November 2011. I'd be interested to know any reason why not. Personally, I'd phone the benefits line (whatever the number is) and put in a new claim for ESA asap ...

[abc123def]

Nomo, just mentioning too that even if there is a gap between any means tested benefits, your HB and CTC should still remain in payment as they are means tested so should not be affected by a gap in your other benefits.

[nomo]

Thanks for heads up re. HB/CT that's some worry lessened, though I've been affected by the LHA changes too! I've bunged this question up on yahoo answers, so maybe that'll help too. thanks for the answers so far.