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Compelled to claim ESA after IS claim
I ran into a weird one yesterday and I’d appreciate peoples’ thoughts.
A client of mine failed WCA; claimed JSA and was struggling with the conditionality. I was roped in and noted the CJSA in payment was overlapping Carers Allowance in respect of the daughter so advised an Income Support claim. Telephone numbers were provided and I was assured a claim was in.
A week later I get a call from client “they’ve asked for a sick note” so I ring IS and ESA to be told there’s a new IS claim in and ESA is dormant. I therefore advise that the med3 request is likely due to their automated system.
On Monday ESA went into payment and on questioning client, although they made a claim for IS; which I’d confirmed with JCP, someone phoned back and took a claim for ESA which was then processed.
What motive might they have for bumping her onto ESA when there was clear IS entitlement?
Now being as there’s a stable income stream and a very stressed client I am loathe to rock the boat but can’t help but wonder how we got here.
I think there are certain people who so enjoy being in a position of power or authority that they cannot help exercising that power even where the facts clearly don’t warrant it. I’ve often wondered whether a tactic with some DMs might be to instruct a client to say “look, I’ve been advised by welfare rights that because I’ve failed my ESA medical I definitely cannot be paid ESA whilst waiting for my appeal” to which the above type of DM may reply: “Oh, they’ve told you that have they? Well, I think you have worsened and you can definitely have your ESA immediately Sir”. Good old reverse psychology in other words.
I’m not sure if that happened here Dan.
Client: “I’ve been instructed to claim IS because I’m a carer and I cannot get ESA at present so says my adviser Dan”
DWP: “Oh, he told you that did he? We’ll see about that.
I had a client told their son couldnt claim esa as she was getting child benefit for him. due to family income they were better off with him claiming esa in his own right. esa told them child benefit had to stop first.
child benefit told her she couldnt stop her claim until the terminal date…...yes thats right HMRC will force you to keep a benefit you do not want.
fantastic stuff.
Client: “I’ve been instructed to claim IS because I’m a carer and I cannot get ESA at present so says my adviser Dan”
DWP: “Oh, he told you that did he? We’ll see about that.
You might have it there Tom.
The irony is that client had described emerging mental health issues on her ESA50 but the examiner said in the ESA85 (which they’d helpfully asked for a copy of) “whatever’s said on the ESA50 she didn’t tell me about and mental health problems today so I’m not assessing them” or some such.