discussion forum

If you haven't already done so, please log in or register to use the discussion forum.

Client on IB and appealing, has received an ESA 50 form to complete

Cookie
forum member

CAB, Havering

Total Posts: 218

Joined: 5 Aug 2010

Hi All (oh boy do I have a headache)

Sorry but I have to have a rant first!!!

I wondered if anyone else is having major problems with trying to obtain advice from the benefit centre on behalf of a client.  Also with certain processing centres giving clients incorrect advice and also trying to tell me incorrect advice!! I feel like I am in a constant battle with them at the moment.

I work out of Havering and our call centre is at Ilford, however the processing centre has recently been moved to Glasgow.  When ever I contact the Ilford benefit centre (they know nothing) and state they will ask the processing centre in Glasgow to contact me.  IF (and that is a big IF) they get back to me, they appear to be clueless about everything!!!

Sorry bad day!! Rant over.

Anyway what I originally wanted to ask – has anyone had a similar situation, where their client is receiving IB at reduced rate because they are appealing and they are sent an ESA50 form to complete. 

I phoned the DWP to ask why the client was sent an ESA50 form to complete.  I was informed by the lady that she did not know.  She then confirmed that the client is receiving IS, but also has a live claim for ESA!!! She advised me that this should not happen and the client should not have an IS and ESA claim open at the same time (well done Sherlock!!) I was promised a call back (this was last week – I have heard nothing)

Client back today, he has received another letter (URGENT) asking him to complete and return ESA 50 form by 23rd November 2010. 

Is this all to do with the change over? Should the client complete the form? I do not want to advise him to complete the form.  If he is successful at his IB appeal (which I believe he will be) then wouldn’t the new ESA decision override the successful IB decision???

Helllppppp!!

     
Tony Bowman
forum member

Senior Welfare Rights Adviser, Reading Community WRU, Reading.

Total Posts: 2080

Joined: 16 Jun 2010

You need more facts. Some of the details in your post are incorrect. For example, there is no “reduced rate IB” for those appealing.

- what benefit was the client getting before (presumably IS or IB or both)?
- what benefit is the client actually getting now?
- regardless of previous question, has he actually made a claim for ESA after appealing the latest decision.

I would surmise that he is appealing an IB/IS PCA decision and has claimed reduced rate IS pending appeal. Probably someone’s said to claim ESA and he has, but that shouldn’t have been accepted as someone who is getting IS has no entitlement to ESA as per the ESA regs.

If that is correct then no, he doesn’t have to complete the ESA50 form. Although he does need to keep up his med certs.

     
Cookie
forum member

CAB, Havering

Total Posts: 218

Joined: 5 Aug 2010

Hi Yes sorry I meant IS reduced rate.

I believe he is on IS reduced rate, however as I said the DWP can not even tell me what he is receiving!! It appears he is receiving reduced rate IS as he has shown me a letter (dated September 2010) stating he is receiving IS.  However, he has lots of other letters referring to ESA!!

I think your summary is correct.  Incorrectly advised to make a claim for ESA, however receiving is IS at reduced rate.  Therefore, the ESA50 form will not be completed.

It’s been a very long day!!

Thanks for your reply.

     

| more