- Posts: 654
ESA stopped before IB reinstated.
- ken
- Topic Author
However, this was a while ago, and we still have not had IB reinstated (should not be long apparently) or backdated.
The problem is, despite not being on IB yet, I was getting ESA at assessment rate (awaiting ESA tribunal).
They have now stopped ESA saying a tribunal has found me fit for work.
Having not been to any ESA tribunal, nor given permission for a paper one, I checked with the dwp and they dont know why I was sent that wording.
They say it was because the ESA people had received a letter saying the IB people wanted to know how much I had been paid so they could sort out backpayments that they had stopped my esa as I would be going back on ESA.
BUT, as im not yet on IB, can they legally stop (as they have done) my ESA without my permission, considering no finding that I am fit for work has occured by a tribunal?
And im not yet in receipt of IB?
My housing benefit has also stopped due to ESA stopping.
I thought they cant stop ESA assessment rate unless a tribunal says so, or I withdraw my claim?
Can someone please clarify/help?
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- pete17971
After a long long battle to get back on IB (having had to appeal an appeals decision) I have finally been found unfit for work by the IB tribunal.
However, this was a while ago, and we still have not had IB reinstated (should not be long apparently) or backdated.
The problem is, despite not being on IB yet, I was getting ESA at assessment rate (awaiting ESA tribunal).
They have now stopped ESA saying a tribunal has found me fit for work.
Having not been to any ESA tribunal, nor given permission for a paper one, I checked with the dwp and they dont know why I was sent that wording.
They say it was because the ESA people had received a letter saying the IB people wanted to know how much I had been paid so they could sort out backpayments that they had stopped my esa as I would be going back on ESA.
BUT, as im not yet on IB, can they legally stop (as they have done) my ESA without my permission, considering no finding that I am fit for work has occured by a tribunal?
And im not yet in receipt of IB?
My housing benefit has also stopped due to ESA stopping.
I thought they cant stop ESA assessment rate unless a tribunal says so, or I withdraw my claim?
Can someone please clarify/help?
We cannot offer advice to individuals about a specific benefits problem under any circumstances. To give accurate and reliable advice about a specific benefits problem, we'd need to know a great deal about your income, savings, health, household arrangements and more. To give advice without all this information would seriously risk misinforming you.
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Pete
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- DRAGON2009
- Offline
2. Go to the CAB or other advice centre and get them to chase it
You might also consider seeing your MP
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