ESA appeal rejected. Housing and Council Tax benefit suspended?

[Big Amzz]

I recently failed with my ESA appeal. Still undecided whether I'm going to pursue this.

 

Anyway, today I got a letter from my council saying because I'm off ESA, my housing and council tax has been suspended so they can investigate.

 

I have no idea what's going on. I just keeping going round in circles trying to find information online. Any help or advice would be greatly appreciated.

[**Margaret**]

:Big Amzz:

 

'I recently failed with my ESA appeal'

 

A request to Jobcentreplus to 'look at the decision again' or a written appeal via letter or GL24 form for a tribunal hearing? If your appeal was dismissed by a first tier employment n support tribunal panel, only an error of law can be further appealed.

 

In the meantime ask your local authority for a nil income form, or if they don't use them declare a change of circumstances. Entitlement to housing benefit/council tax reduction depends on low income rather than entitlement to other benefits.

 

Margaret.

[Big Amzz]

:Big Amzz:

 

'I recently failed with my ESA appeal'

 

A request to Jobcentreplus to 'look at the decision again' or a written appeal via letter or GL24 form for a tribunal hearing? If your appeal was dismissed by a first tier employment n support tribunal panel, only an error of law can be further appealed.

 

In the meantime ask your local authority for a nil income form, or if they don't use them declare a change of circumstances. Entitlement to housing benefit/council tax reduction depends on low income rather than entitlement to other benefits.

 

Margaret.

 

My appeal was turned down by a tribunal. I couldn't attend because of health issues, which I was told was most likely the reason I was turned down.

 

Also should mention I receive DLA. But as far as I'm aware that's not used in any calculations by the council.

[Nystagmite]

You need to put a new ESA claim in.

[Big Amzz]

You need to put a new ESA claim in.

 

I have a 6 month medical certificate that I sent them after my recent appeal. Seems ridiculous that a medically trained health professional who knows the history of me and my condition thinks I can't work, but a stranger who spent 20 minutes with me thinks otherwise.

 

Anyway back on point, if I start the process again, would my 6 months certificate still be on their record and valid? Also how long would the whole process take?

[**Margaret**]

:Big Amzz:

 

Yes, unfortunately it's a catch 22 situation. Appellants who can't make their hearings are more likely to have limited capability for work, but get less chance to argue their cause. Eligibility for employment n support's about satisfying the legal criteria for an award, rather than your health professional's opinion, and the most convincing evidence for an inquisitional tribunal is oral evidence from the appellant.

 

Assuming it's six months since the decision you appealed, you can make a new claim for the same condition. Takes Jobcentreplus ten to fifteen working days to process a new claim from when they receive a paper/telephone claim and Med 3 (unfit) note, proof of income/savings, etcetera. Your recent med cert remains valid for a new claim but your new claim may get processed quicker if it's accompanied by a new one.

 

An award of disability living is disregarded for calculations of income. But most official forms ask you to declare an award of disability living cos the middle and high rate care components can, in some circumstances, increase entitlement to employment n support and housing benefit.

 

Best wishes, Margaret.