8 weeks to lose everything - Problems with ESA and possible eviction

[fredinet]

Hi there this is my story.

 

On 29th January 2013, my GP and a CAMHS care coordinator decided to make me off sick for deep depression and other health issues.

I signed off from job centre to claim Employment and Support Allowance (ESA) for 8 weeks.

 

From that date my life began a nightmare.

 

It's took nearly 8 weeks for Job centre plus in Belfast to make a decisionl.

They rejected my claim for a reason which is still unclear. So they told me I won't be paid but I can complain.

 

From the time I signed of from JSA, housing benefit has been suspended for 4 weeks, then has been closed.

My council recalculated my council tax for those 8 weeks and now asking me to pay £120.

My landlord wants to proceed to an eviction.

 

During those 8 weeks my daughter and I lived with child tax credit (£62), I was a bit proud to have manage everything and been able to pay all my bills. Naive as I am I thought ESA will be ok and the money back dated, so housing benefit will do the same.

Now I know I was wrong and everything is lost. I am in debt of council tax and 2 month rent.

 

I called Jobcentre Belfast regarding them decision, they told me to write a letter as they are unable to tell me something over the phone because it is not them who take decision.

I called my council, they told me to pay or they will prosecute me.

I went to CAB, they gave me a letter type for Jobcentre and proposed me a food voucher.

I called social services for help, they proposed me to take my daughter off from me. (NEVER)

I wrote to my MP and do not have an answer yet.

 

I am usually a fighter but now I am sinking, I am so in stress that I did communicated it to my daughter who has been one month sick and passed a week at hospital.

 

I am waiting my last sentence which will be the eviction......

 

Thanks if you have read this post

[Desperate Daniella]

Oh fredinet,

 

I am so sorry to hear of all your problems.

 

Hold on please. I am going to ask some people to come to your thread to advise you better than I can. Less people are around at the weekend, but I'll see who I can find.

 

Just hang on for now.

 

Hugs,

 

DD

[Desperate Daniella]

I'm also going to ask the site team to change the title of this thread to include ESA as it will alert others who can help.

 

DD

[citizenB]

If you are being treated for depression, I would think you are possibly classed as vulnerable. You should inform the Council pursuing for CT of this.

 

I will try and find someone who can help further.

[estellyn]

It would help if we could know the wording on the letter refusing you ESA.

[antone]

First off, Housing and Council Tax Benefits do not depend on you being in receipt of JSA, ESA or any other benefit. You should contact your council first thing on Monday and explain that you have no income except your £62 CTC and you wish to make a new claim for HB/CTC urgently.

 

Secondly, I agree with Estellyn - if you could tell us what the letter refusing you ESA actually said, we might be able to offer more advice.

[**Margaret**]

:fredinet:

 

to hear you've been so let down through the well intentioned efforts of your health professionals. Many doctors simply don't understand a very complex benefit. In the mistaken assumption that people who are sick will be able to claim employment n support, they don't think to check for eligibility before advising patients to close claims for jobseekers. Unfortunately getting some benefits reinstated is going to be very messy, with a lot of letters and frustrating phone calls at a time when you're least able to cope.

 

To make my advice as clear as possible, I'm going to deal with each benefit separately.

 

Employment n support allowance;

 

The info you've given us suggests you were previously in receipt of income based jobseekers, and cos of that likely to be entitled to income related, assessment rate, employment n support. But without further details we can't be sure.

 

Are there any residency issues? ESA requires claimants to be habitually resident in the UK.

 

How did you submit your claim? If it was a phone claim, the person who took the call may have misheard/misunderstood some of the details you gave. Did you receive and check a customer statement of a phone claim?

 

If you completed an ESA1 paper claim form, did you tick to claim income related ESA? A common error is for applicants to tick for a contribution based award only, then be refused an income related award simply cos one's not been claimed.

 

Have you received written notification that your claim's been refused? If so, there should be a phone number on the letter, which is the correct number to find out why your claim's been refused. If not, a call to 08000 556688 will get you the correct number to call for your postcode. If the first person you speak to can't help, ask for a call back from the decision maker. Difficult for us to advise as to whether you should ask Jobcentreplus 'to look at their decision again', which can be done via phone initially, until we know why you've been refused.

 

Housing benefit and council tax reduction;

 

Don't depend on whether the claimant's in receipt of other benefits. They depend on low, or no, income. Ask your local authority for a nil income form, or if they don't use them ask for their usual claim form and complete it with a declaration of nil income. The form will probably have a space for other info, where you can explain that you'll be appealing an ESA decision or making a new claim.

 

As a temporary solution to your finances, you may wish to consider a rapid reclaim for jobseekers. If there's any chance of coping with a jobseekers agreement for a few more weeks, it's your quickest route to food on the table and keeping your daughter out of care. And if you can get confirmation of your mental health issues from your doctor, you may be able to negotiate reduced conditionality. A Med 3 note doesn't mean you're not fit for work, but it may persuade a Jobcentre adviser to make some allowances for your depression.

 

I realise that what I've written is a lot to cope with. Praps you can get another appointment with Citizens Advice for some help with the paperchase and phone calls.

 

Sincerely, Margaret.

[citizenB]

fredinet, I have copied your first post over to the home repossession forum in the hope that someone can advise on the eviction issues.

 

The link to the thread is..

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?421858-8-weeks-to-loose-everything-Problems-with-ESA-and-possible-eviction

 

You might want to contact Shelter - they dont just deal with homeless situations...

 

Call their helpline on 0808 800 4444

 

http://england.shelter.org.uk/get_advice/eviction

 

Edited April 6, 2014 by citizenB
replaced link

[45002]

Hi there this is my story.

 

On 29th January 2013, my GP and a CAMHS care coordinator decided to make me off sick for deep depression and other health issues.

I signed off from job centre to claim Employment and Support Allowance (ESA) for 8 weeks.

 

From that date my life began a nightmare.

 

It's took nearly 8 weeks for Job centre plus in Belfast to make a decisionl.

They rejected my claim for a reason which is still unclear. So they told me I won't be paid but I can complain.

 

From the time I signed of from JSA, housing benefit has been suspended for 4 weeks, then has been closed.

My council recalculated my council tax for those 8 weeks and now asking me to pay £120.

My landlord wants to proceed to an eviction.

During those 8 weeks my daughter and I lived with child tax credit (£62), I was a bit proud to have manage everything and been able to pay all my bills. Naive as I am I thought ESA will be ok and the money back dated, so housing benefit will do the same.

Now I know I was wrong and everything is lost. I am in debt of council tax and 2 month rent.

 

I called Jobcentre Belfast regarding them decision, they told me to write a letter as they are unable to tell me something over the phone because it is not them who take decision.

I called my council, they told me to pay or they will prosecute me.

I went to CAB, they gave me a letter type for Jobcentre and proposed me a food voucher.

I called social services for help, they proposed me to take my daughter off from me. (NEVER)

I wrote to my MP and do not have an answer yet.

 

I am usually a fighter but now I am sinking, I am so in stress that I did communicated it to my daughter who has been one month sick and passed a week at hospital.

 

I am waiting my last sentence which will be the eviction......

 

Thanks if you have read this post

fredinet, I have copied your first post over to the home repossession forum in the hope that someone can advise on the eviction issues.

 

The link to the thread is..

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?421858-8-weeks-to-loose-everything-Problems-with-ESA-and-possible-eviction

 

You might want to contact Shelter - they don't just deal with homeless situations...

 

Copied over to wrong section of CAG

 

OP has posted is or was receiving housing benefit and Landlord wants to evict them .

 

Private LL and renting/rent arrears ...

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?65 Not home repossession/mortgage arrears ...

 

Hello fredinet

 

Do you know what type of tenancy agreement you have ?

[Desperate Daniella]

I'm confused now. Why wouldn't it be in the eviction forum?

[citizenB]

I'm confused now. Why wouldn't it be in the eviction forum?

 

 

That is mainly for Home owners, DD.. Site team also advised I had put in wrong forum.. so it has now been moved

 

And link replaced.

[rebel11]

Hi fredinet

 

If you want to find out why they have declined your ESA claim write to them.

 

Surely they should have sent you a decision letter by now.

 

Send it to:

 

Sinead Taggart

ESA Operations Manager

Belfast Benefit Centre

[email protected]

 

In the Subject line write:- Urgent - Sinead Taggart - ESA Operations Manager - Belfast Benefit Centre

 

Also it might be an idea to send in further information in support of your claim, i.e. doctors letter, etc. It could be that you haven't provided enough information to them.

[Desperate Daniella]

I do hope we hear from fredinet soon.

[fredinet]

Fist of all sorry to have taken so long to reply and thanks to all of you, for your support. I had no internet and have been running everywhere since my last post

 

 

I had finally some news from ESA and why my claim has been rejected.

The meaning of "you do not meet the requirements for the right to reside test and therefore ...... you're not considered to be habitually resident in the UK" is that if you are not British you can not claim for ESA. The lady I had over the phone told me that straight away. To be sure I was understanding well I gave her an example like, I am crossing street and be smash by car, living me totally disable I will not be able to work but I will not be untitled to claim ESA. She says unfortunately yes it is like that.

WOW I am now really careful when I am crossing street.

 

 

The question now is as a non British (French) if I am not authorise to claim ESA, WHY my JSA advisor proposed me many time to claim it and WHY she help me to sign off jsa ?

Why no one told me before, I will never put myself in such of messy situation on purpose.

 

 

The JSA lady told me to complaint explaining I have been misinformed and ask for a back dated, ok but where ?

 

 

I am now back to JSA fast claim, as I sign off I am considered as a new customer and my new/old advisor told me she is going to send me soon in work activity/placement for 6 month, despite my health, despite my volunteer work, despite the fact that I have done one month last August. I should again close my mouth and obey.

 

 

Regarding housing benefit and my eviction :

 

 

Thank to you to have tell me that housing benefit is not depending on your benefit but on low income, this is the same problem that with esa claim, no one gave me, excepted on this forum, the right information, I called 2 time about the suspension and the lady I had told me, " you can not claim housing benefit as long as you do not have an answer from benefit" I now know it is not the truth. I consequently re claim housing benefit, and they did not back dated those 2 month during the time I was waiting for a esa decision.

 

 

Why again a person which is working for council is not able to give you the right information, living you with debt and a possible eviction ??

 

 

I complained, council tax for 2014 has been reviewed, housing benefit started from April and I received a letter asking me to proof how I lived during those 2 month from what I am asking bake dating. I

 

 

I should do this letter very quickly, providing proof of all my income includes all charitable/voluntary payment received, earning etc

 

 

Do I have to say if a friend gave me 10 pound ?

 

 

Thanks god, my agency decided to wait longer, until the council decision for the back dating, if it is negative they will process for the eviction.

 

 

Voila !! that the last news, for 2 misinformation from official place I did put myself in this situation. that's mad

 

 

Do I have to tell job centre I am still fragile or no and gave them a fit not for work from my gp but under some conditions ?

 

 

Does someone knows where I should complain about misinformation from JSA advisor and trying to make back dating of those 2 month as if I have been aware I will never sign off from jobseeker ?

 

 

anyway, thank to anyone here

[estellyn]

Fredinet, how long have you been in the UK?

[fredinet]

It is nearly 12 years now. Even if it is writing that after 5 years you have permanent right to reside it is only for work, certain benefit, not for ESA

[estellyn]

It is nearly 12 years now. Even if it is writing that after 5 years you have permanent right to reside it is only for work, certain benefit, not for ESA

 

 

No. Permanent right to reside applies to all benefits, but in my experience it is something that needs to be challenged almost every time unless you have the paperwork from the home office.

 

 

What you need to do is challenge the ESA decision.

 

 

What it sounds like is that you have been treated as someone who doesn't have permanent right of residence for benefit purposes, which means that unless you are a worker, jobseeker or qualify on another ground such as family member of an EU worker, then you can only qualify for benefits while jobseeking or while working.

 

 

If you can prove you have at least 5 years residence (wage slips, details of previous claims, P60's, P45's etc), then you can get the decision overturned. You will need to request reconsideration of the ESA claim and a revision of the housing benefit claim and provide the evidence of your residency to both, and you should get the decision overturned.

[Desperate Daniella]

Hi fredinet,

 

I am so relieved to hear from you.

 

A friend of mine had the same problem with ESA for her badly disabled son and they claimed he wasn't resident despite the fact that he'd been in the UK since he was one year old and there was all the proof that he'd attended schools here all his life and his NHS records.

 

They kept telling her he wasn't entitled to it, but in fact he was.

 

You can challenge the decision, as estellyn says above, and hopefully the decision will be overturned.

 

Others with better information than I can give you will help on the other benefits I'm sure.

 

Take care,

 

DDx