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ESA pending appeal. Can I get HB reinstated too?
Hi all,
My clients ESA was cancelled in January as she failed her WCA. Subsequently her HB was cancelled as she did not provide proof of her income. I have since assisted with an ESA appeal and her ESA claim has been reinstated as a continuous claim at the appeals rate. I have requested that HB is reinstated to follow suit but they have refused, saying her claim is now closed as she did not supply proof of income within a month of her claim being cancelled. My instinct tells me this is incorrect? Can anyone confirm this and hopefully point me in the direction of the relevant HB regs to quote at them?
If it is indeed the correct decision, I believe there may be other ways to get this HB claim reopened. Firstly, she did attempt to provide proof of income about 6 weeks after her HB claim was cancelled. This was refused as all my client did was copy out word for word the contents of her PIP award letter. This was her attempt at communicating that her only income was PIP. She has quite a severe learning disability. Can the LA be flexible with this one month rule given mitigating circumstances?
Lastly she does satisfy the criteria for the SDP but did not receive it. I am helping her to apply for this and will put in a new HB claim as a last resort. I’m obviously reluctant to go down this route though as she will then lose 10 months of rent payment.
Any thoughts?