ESA claim/Failed HRT/Appeals

[Jesss123]

Hi everyone,

 

I've looked through this forum everywhere and I really could not find the answer to my questions so here I am!

 

This is quite a complicated, yet odd situation so bare with me.

 

In October 2012 I applied for IR ESA as I was not eligible from sick pay from my employer due to having a 0 hour contract. I applied because I suffered and still am suffering from Hyperemesis Gravidarum - severe pregnancy sickness which had me hospitalized for weeks. There is a few other complications in my early pregnancy and I was advised to stay off work until at least the HG eased off as it caused me to faint on regular basis and well, I spent months in bed!

 

Anyway, I applied on the 15th of October and got it backdated to the week before. On the 22nd of November I still haven't had a reply so I decided to give DWP a call to see what was going on and whether the claim was progressing or a decision has been made. I was made aware that I failed the Habitual Residence Test. After hours and hours, someone finally called me back to let me know why I failed it in the first place and to see what I can do.

 

I failed the HRT because.. I did not send in any ID with the form but my birth certificate which wasn't enough. I got a bit angry as they could have called me or mailed me and I would have provided my passport up straight away! I was told to appeal the HRT decision, re-apply for ESA again and in the meantime my IR ESA was put through as contribution based and because I only just finished uni and my studies and only worked for a few months, I didn't have enough credits for them to pay anything out.

 

I sent an appeal from straight away, a couple of days later, explaining everything and providing any extra ID they required. 4 days later I received my passport and other IDs back. I called a week or so later to find out my appeal got 'lost'. So I appealed AGAIN and sent a new ESA claim form through and added my partner onto it as his contract at work ran out and well, he was now a jobseeker. My appeal was finally received on the 15th of December and so was my new claim. Nothing much happened with it over Christmas time but then around the 5th of January I received a phone call from new ESA claim department saying that they're emailing a decision maker team to see if the HRT decision can be over turned and my money to finally get paid out. OK, I waited a week and today I got another phone call to say that the decision maker couldn't do much and they had to send off the appeal to Wick (?) and I should have a decision by the beginning of March I'm annoyed as I was pretty much told it'll be granted as soon as they sign off on it.

 

Let me add this to avoid any confusion:

- My partner only worked part time and his contract finished on the 1st of December. Since then, he has been unemployed and we have been living off the savings we had. My partner is British.

- I'm from Poland but I have lived in the UK since 2001 - Never claimed any benefits until now and I never left the country but for holidays. My whole life is based in the UK, I moved here when I was still a child.

- I was also made redundant in November (of course they made it out to be for different reasons than my pregnancy & being off sick)

- My sick note runs out in exactly 3 weeks time. I am now a lot better than I was and I'm no longer on IVs. I suffer from SPD but apart from that, my health has almost returned to normal and I would say I could be able to go back to work if certain needs are met (I can't stand for long, it'd have to be a desk job) I worked in Daycare centre beforehand, full time.

 

My question is, what's the best plan of action now? The DWP adviser told me it's probably easier for my partner to apply for JSA and add me onto it so we can claim Housing Benefit (?) and another benefit to help out with the rent.

 

Would my failed HRT affect the claim if it's in his name and I'm just added as a partner?

What would happen to my appeal/ESA claim if we did apply for JSA?

Would I still receive any money due for the period of my illness?

 

Thank you!

[estellyn]

Yes, your best option is for your partner to apply for JSA for the time being, with you on the claim. HRT is assessed seperately with every claim, so should no be a problem.

 

You can continue your appeal while your partner claims JSA, and if successful you should receive ESA to point of the JSA claim - though any amount you receive will be affected by your partner's earnings during that period.