Not entitled to benefit urgent advise please needed please please

[sparky1966]

Hi guys i wanted to ask has anyone on here come across the same prob now as myself

 

I have been claiming jsa for nearly 2 years i have also had my mortgage interest part paid i have just recieved a letter teling me after next month i wont be getting any more help with mortgage payments and to make payments to them myself now this is going to be hard as im only on £100 a week for me and wife

Can anyone tell me if there is any help out there at all to help i have worked all my life paid all my taxes and when i need it during these tough times its about to make me homeless unless i can pay my payments

please any advice

[sparky1966]

Hi guys i am thinking this has been asked before but is there any advice on here as to help to fill in the esa50 i have one to do now and looking at it it does seem tricky or the questions do

 

any help greatly appreciated

[honeybee13]

Hello there. There's the leemack sticky on the titles page of the forum that covers physical problems on the ESA50.

 

My best, HB

[sparky1966]

Guys i am on esa at present i had a crisis loan 18 years ago which has just surfaced they are going to take £20 a week from our joint benefit i believe i only owe £150-200 but we think that is a bit much can this be appealed as it states in letter it cant be

i was bankrupt well over a year ago and am now clear could this not have been included in this

 

cheers guys

[ErikaPNP]

When a person is discharged from bankruptcy, Social Fund debt which was incurred prior to your bankruptcy should be written off.

 

Send them a copy of your discharge with a covering letter, asking them to confirm to you in writing that they will not be pursuing the debt. Also ask them to confirm that they will refund any monies which were taken after discharge from your ESA in respect of debt which pre-dates your bankruptcy.

[sparky1966]

When a person is discharged from bankruptcy, Social Fund debt which was incurred prior to your bankruptcy should be written off.

 

Send them a copy of your discharge with a covering letter, asking them to confirm to you in writing that they will not be pursuing the debt. Also ask them to confirm that they will refund any monies which were taken after discharge from your ESA in respect of debt which pre-dates your bankruptcy.

 

Thanks for reply Erika my problem is i have been in touch with social fund and they say it cannot be included in the bankrupcy as there is nothing in their guidelines to the affect if you go bankrupt that money owed to them can be written of i dont seem to be able to find anyone that can tell me these rules

[ErikaPNP]

It is in their guidelines.

 

Tell them to look it up under their procedural guidance. The term is 'abandon recovery' rather than 'write off' I think.

 

The only thing welfare related that cannot be included in a bankruptcy is money which is obtained by commiting benefit fraud. All overpayments and Social Fund loans should be included.

 

It is also backed up by case law in R (Steele) v Birmingham City Council and Department of Work and Pensions [2005] that recovery by benefit deduction following discharge for debt which pre-dates bankruptcy is unlawful.

 

ETA:

 

More recent case law deals with DRO's but does make mention of your issue too. link here, paragraph 10.

In the case of a bankruptcy order against a debtor in receipt of benefit the authorities indicate that the Secretary of State has specific power, during the period of the bankruptcy order, to continue to make deductions from on-going entitlements, in order to recover an overpayment of benefits or a Social Fund Loan. This is so even though the 1986 Act provides that : (a) during a period of bankruptcy a creditor has no remedy against the property or person of the bankrupt in respect of any debt or liability to which a person is subject at the commencement of the bankruptcy, and (b) discharge from bankruptcy releases the bankrupt from all debts to which the bankrupt was subject at the commencement of the bankruptcy (bankruptcy debts) including liability for overpayments and for repayment of Social Fund Loans. They fall within "bankruptcy debts" which are released on discharge from bankruptcy: s281.

 

Clear as a bell, and they MUST abide by the precedent of case law. They can make deductions during the period of bankruptcy for debt pre-dating bankruptcy order, but they cannot and must not make deductions for pre-bankruptcy debt following the discharge of the debtor.

Edited December 13, 2011 by ErikaPNP
ETA as stated

[sparky1966]

Hi guys i hope you all had a good christmas

 

I am on ESA and have been recieving it for the last 5 months i have just got a letter from the medical support services which if i am right is part of the esa asking me to phone them to arrange a medical

 

can anyone advise me if this is the esa, this is the first time they have contacted me apart from a form i sent to them explaining my condition the esa and medical support services have diferent addreses

can anyone explain what this medical will entail i have one of those conditions where many dont suffer any symtons and where only a few can suffer so im not holding out that i will pass this medical

can i record the interview

 

i am also in receipt of information that they have contacted my doctor and he has replied and stated that i would be very limited to what i could do so is this medical normal

 

sorry guys if these questions have been previously asked

 

happy new year to you all

 

sparky

[sparky1966]

hi guys i will keep this short

 

Am at present getting esa benefit and receiving smi towards my mortgage a very small amount have been on esa now around 6 months have just had my medical not one thing or question had anything to do with my illness so i expect to be put off it

if i go on jsa as i was before i was getting esa will i still get help with smi payments i read somewhere there had to be a break between claiming diferent benefits

 

thanks

[MIKEY DABODEE]

no its the opposite,

it you fail your ESA medical and sign for JSA

then your claim to benefits will link

and so will your SMI

no waiting for help, the help with your mortgage will carry on but you will have to fill another MI12 as one benefit would cease and a new one would begin

but hey you may pass your medical

 

I think you mean if you fail your ESA medical then there has to be a gap before you can go back on with the the same condition, think its six months but I think you can apply again straightaway if you have another condition, with med ev and they accept it, someone wll correct if wrong

Edited February 26, 2012 by MIKEY DABODEE

[sparky1966]

Hi yes

i was on jsa and they had been paying smi on my mortgage i became ill and ended up on esa for the last 6 months as i done medical and from what i read on these boards i have a better chance of winning lottery than passing esa medical so expect to be put off esa but i was told you can only claim smi for 2 years and between jsa and esa i would be on it 2 years

so if i went back to jsa would that be a new claim or will it be added to old claim

 

hopefully you can understand what im trying to say

[MIKEY DABODEE]

You would make a new claim to JSA, and fill out your MI12 again but you would not have to wait thirteen weeks

you would get help from day one of your new JSA claim

 

but yu may pass your Medical

[sparky1966]

Hi guys,

 

I am looking advice on my ESA medical which i had 3 weeks ago and today received a letter stating that i had got (can you guess)

yes 0 points to be honest i didnt expect to get any from what i have read on here

 

Ok i wanted to ask whilst i was on esa i was of sick with a bowel problem, whilst on it i developed another problem to which i am getting medical attention for i cannot hold a pen or anything in my hand after a couple of minutes my hand looses feeling in it and i drop it even while driving its a problem so now do not drive

during medical the doctor talked about this and even asked me questions on it and even referred to my wife having to fill in the questionaire does anybody know if i would only have been assessed on my initial illness or would he have commented whilst filling his info on computer to my other problem

also if i was to appeal would i still get help with payment towards my mortgage on the lesser rate

 

please guys any advice as know no benefits i claimed jsa before this maybe my wife can claim jsa for both of us this time

 

thanks

[Life-Goes-On]

You are assessed at the time of medical, so even it not on form it can be used, the cut off point is the DM decision.

When appealing you need to make it clear this information was given to the "medical assessor" and it's not something that's happened since the decision.

 

On the other issues, sorry I don't know.

[sparky1966]

thanks life goes on

 

so i fill in a gl24 i think it is.

Now to appeal it do i have much information to supply at this point or do they turn you down for appeal straight away also anyone out there know if you getter lesser amount do you still qualify for smi on mmortgage

[Life-Goes-On]

All you have to do is supply a reason for the appeal.

Personally I would make a written record of the information you told the "Dr" .

So I would write "I want to appeal this derision because it never took into account .............(list everything you have trouble with, inducing everything on the original form, and the new info you told "Dr"

[sparky1966]

Guys can anyone answer this for me

 

I am about to appeal my failed medical at present i receive help with mortgage interest (smi) if im put on the assessment lower rate will i still get help with that or does it get cut too

 

 

thanks

[antone]

Yes, you will still get SMI provided you continue to meet the conditions. That is, you're appealing a medical you failed on points (not failed to attend), you're receiving ESA(IR), and you continue to send sick notes.

[sparky1966]

Hi all

 

A quick question, I failed my esa medical as usual i have sent in the gl24 to the office that failed it to ask it be reinstated my question is do i send in sicknote now or wait to i get notification from them my last sick note had a few weeks to go when i was took off it by them so would this still be valid

 

thanks guys

[antone]

Your old sicknote is fine as long as it's still valid. You don't need to send a new one just because you're appealing.

[sparky1966]

Hi all,

 

Sorry for the question as i know it has been asked before i had my medical with the doctor for the Esa and as usual was turned down with nil points i appealed that decision with help from this site and am glad to say less than a week later it was reinstated

but i would like to no what happens next does this go to the appeal and what info do i need to get as the letter didnt tell me anything just to say i was awarded esa again

 

hopefully you will understand what i am asking

 

 

s

[feelingsad]

I think you are saying that you have notified DWP of your wish to appeal their decision not to award you ESA so they have reinstated you the money pending appeal.

 

They will look at the decision again to see whether they stand by their decision that you are not entitled to ESA, I doubt they will change their minds given you got 0 points, so they will send the info to the Tribunal service. You need to be using this time to gather evidence for the Tribunal. Not evidence as to your illnesses or disabilities as such but evidence about how they affect you and what help you therefore need.

[sparky1966]

Hi all

 

I know i am going to ask a question you have answered a hundred ties but here goes

 

I am on ESA , at present i had a medical a while back and as usual that failed so i appealed to the dm the decision was overturned and ESA kept going and soon will be going to an appeal

I have just received a load of info from them, wow its some reading and now i can see how many lies get told but anyway it just says to keep the info and someday i will be called by the tribunal service to see if i want an oral hearing

 

could someone explain this for me and what it entails and also what i should be doing with this info supplied to me it just says keep it in a safe place does it normally take long after you recieve it for the call i am in N, ireland too dont think this make any difference

 

thanks for all help

[honeybee13]

Hello there.

 

Have you read the forum sticky about appeals and tribunals? It has a lot of information.

 

My best, HB

[sparky1966]

Hi all

 

I have a tribunal this week and am dreading it, i am currently on ESA benefit my question is if i lose this hearing what benefit will i be or have to claim i also get help with my mortgage at present so if i go over to job seekers will i be entitled to help with that as i have been getting esa for so long and i think their is a time limit on the amount of time they help with that

 

any help appreciated im just trying to be ready for anything that happens hopefully i wont lose