Esa/dwp

[KeithM]

Hello,

 

I hope you can help me.

 

After a fall in April 2011 I went from JSA to ESA. They eventually sorted something out in August when they asked for a medical certificate from the doctor in Jan 2012 we received an eviction notice from Santander and we then discovered the ESA had given us no help with the mortgage since November the 30th. They sent me for a medical on FEB 2nd and a few weeks later told me I was fit to work. I then redid a JSA claim but applied the fact I had no help with the mortgage and then for some reason I got a payment in March for a 3 week period in November! After lots of phone calls and letters they have told me I cannot get the back pay as I didn't send in a medical certificate even though I wasn't asked for one. I did go to the Doctors and he has given me one for that period and another cover the period up to date. I also got a letter from them in March telling me how much they will pay towards the mortgage up till April 2012. As I write I'm waiting for their papers to come so I can go to tribunal.

 

Does anybody have any experience of this situation?

 

Also I signed on JSA on March 2012. This has not yet been sorted but I have been told verbally that they cannot offer help with the mortgage for the first 13 weeks, even though I'm just in reality swapping benefits and it's not a new claim. Surely this can't be right as I'm being penalised for having to have an operation. To be honest if this is the case then I don't think we will survive the next eviction notice that Santander will throw at us. We have just about been making the monthly mortgage payments without help but we're on our last legs now.

 

Again does anyone have any advice?

 

Many thanks

 

Keith

[flumps1976]

Were you claiming contribution based JSA and ESA or the Income related ESA and Income Based JSA?

 

The help with SMI is only if you are entitled to IncomeBased/Related benefits or yuou have an underlying entitlemt to receive Income Based/Related benefits but don't due tothe contribution based ESA/JSA being of equak or higher weely rate of benefit.

[KeithM]

Thanks for coming back.

 

Its been income based all the way through on ESA and JSA.

 

Hope you can help.

 

Thanks

 

Keith

[flumps1976]

As long as it has been income based from day 1 of your first claim then you should not have to serve the waiting period again.

When you made the claim for ESA did they ask the questions about your mortgage?

 

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/On_a_low_income/DG_180321

 

I am not a processing officer and that is a specialist role within the DWP so unsure if there is an expert lurking around the forum sorry.

[KeithM]

Yes they asked me all the normal questions about the mortgage and eventually they (ESA) back dated it to when I had my accident and swapped from JSA. Obviously before then I had served my 13 week period it just seems a bit harsh for them to suggest I might have to start again.

Do you have any thoughts on my ESA question regarding non-payment of the mortgage interest for over 3 months despite not telling me and even sending me a letter saying I was due a month of payment.

Thanks,

Keith

[flumps1976]

All I can suggest is calling on Wednesday and asking the contact centre operative to request a call back from ESA at the Benefit centre that processes your claims as you would like an explanation about missing mortgage payments.

[KeithM]

To be fair they have given me an answer which is that they never received a medical certificate for that period even though they had 2 covering the 6 months before. My point is why did they not ask for one? Why did it take 3 months to tell me? and why did they send me a letter saying they were helping with the mortgage. By the way when they did ask for the certificate the doctor gave them one covering that period.

I think we will end up at a tribunal I was just wondering has this situation occurred before.

Thanks,

Keith

[debt4get]

probably... it seems they conveniently now forget to tell people that they need to send in certificates...it is becoming quite common on here that people have had money stopped because they werent 'reminded' to send in certificates....it seems to be unwritten policy that we have to know and find our own way round the system...wish you luck...

[antone]

The position taken by the DWP regarding med certs is that it is the responsibility of the claimant to supply them on time. The computer system does sometimes send reminder notes but these should be regarded as a courtesy, nothing more.

 

Not saying I agree with this, mind, but this is how the DWP "officially" sees it.