Just a note re appeals.

If you fail your first IB appeal, and have to ask for it to go to second appeal, Income support WILL NOT PAY YOU ANYTHING, which means all your passported benefits also stop.

This means, whilst you are a) sorting out your applications and b) waiting for the tribunal service/commissioners to decide (who are backlogged) you dont get paid.

Disgraceful in my opinion..

Hi Ken

Unless my knowledge on this point is out-of-date (and it may be), Income Support should continue until the Upper Tribunal reach its decision. The DWP may automatically stop paying IS when the first appeal is refused, but it can be reinstated after contacting them to inform them that you are continuing your appeal.

I understand that reduced IS is no longer an option for IB appellants, so it's possible that the rules have changed and worth checking if you were in this situation.

Derek

I was told by welfare rights that payment should continue, no need to do anything etc etc.

However, they stopped IS.

Because they said at that point in time there is no valid appeal (ie the periods where you are compiling your response, where they give you a month to write up your legal arguments, and the period where you wait for them to say yes or no)

Welfare rights said, no thats wrong their is case law CIS/2654/99 that shows I should be paid.

The part in question is quoted below.

15. I agree with the submissions on behalf of the Secretary of State that the appellant was entitled to the benefit of paragraph 25 of Schedule 1B until the day before my colleague’s dismissal of his application for leave to appeal, ie until 29 3 99. I agree with the holding in CIS/210/94 (Mr Lewis assured me that he had found no adverse authority on the general principle) that the “determination” of an appeal occurs only once it can be taken no farther, and not merely once a tribunal has reached a conclusion. Indeed, it might be said that an appeal continues to be undetermined until any time allowed for appealing (or applying for judicial review of) the latest decision has elapsed, though I need not decide this since the appellant here had long been reawarded income support on the basis of incapacity by the time his application for leave to appeal was refused.

However, IS are adamant that they will not pay until I receive the decision from the commissioners or tribunal (or however sends the decision).

They say they have checked with their lawyers and there is no way they will pay.

So anyone in that position is left to fend for themselves.

So much for the right to appeal...

I have to exist on crisis loans, and no one at the DWP or welfare rights told me about the fact I could claim Housing benefit on a basis of nil income, so I only found out about that recently and am waiting to see if they will pay HB.

In the mean time we have masssive overpayment demands for Housing benefit and council tax, and have been told we have to go to court as they want to evict us!

This seriously does not help my condition, its making my health worse, and I find it hard to stomach this can be legal.

I was only recently told to apply for ESA to, Im currently sorting out that application, but due to being told it would be paid, obviously its a bit late, if I knew in advance this would be the situation, I would have claimed ESA much earlier.

hence my warning to others....

I did actually put in claim for ESA over a year ago, but it seems to have been lost in the system as I never heard anything back..

The system is a joke.

Hi Ken

They have claimed to have lost lots of my documentation, despite me having sent it recorded delivery ..... I would advise that everyone send everything recorded delivery and then call a few days later to check they have received it.

No private company could treat it's clients like this... they would be out of business in a year.

tilly