× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

problems claiming new style ESA

 < 1 2 3 4 > 

stevenmcavoy
forum member

Welfare rights officer - Enable Scotland

Send message

Total Posts: 871

Joined: 22 August 2013

imagine how someone in this clients circumstances would have coped without the pretty intensive support of an advice worker? 

there will be plenty of people expected to cope with this nonsense without it at a horrible time.

ridiculous stuff.

Jac
forum member

Welfare benefits adviser - Melville Housing Association, Midlothian

Send message

Total Posts: 146

Joined: 16 June 2010

Not had this scenario, but have asked JC+ for home visit. This was done without any problem Alternatively you could contact Partnership manager for assistance/guidance.

Jon (CANY)
forum member

Welfare benefits - Craven CAB, North Yorkshire

Send message

Total Posts: 1362

Joined: 16 June 2010

Madamejones - for what it’s worth, I’m sure you are correct that new-style ESA should be able to be claimed without needing to touch UC, (this was my sanity check here), and as I’ve been told by more than one client, the level of awareness by DWP staff on this issue can be appalling.

Just for ref, 0800 328 9344 is only for ‘live’ UC areas not full service; and 0800 055 66 88 is for old-style benefits.

Daphne
Administrator

rightsnet writer / editor

Send message

Total Posts: 3548

Joined: 14 March 2014

Madamejones - I will pass you story on to stakeholders - we have been going on at them for ages about this - without much success - but I am happy to keep bombarding them…

Andyp5 Citizens Advice Bridport & District
forum member

Citizens Advice Bridport & District

Send message

Total Posts: 1011

Joined: 9 January 2017

Yet another example! Colleague rings with client and told they can’t claim NS ESA, but have to claim UC.

We then console and bolster colleague’s confidence, explaining to her she isn’t crap, its systemic problems.

We show her the Gov.uk how to claim NS ESA/JSA and the DWP internal guidance on how the call centre is handle the call, then the WC, and the BC.

Then contact client and sort out another appointment with client to go through the whole process again.

Peter Turville
forum member

Welfare rights worker - Oxford Community Work Agency

Send message

Total Posts: 1659

Joined: 18 June 2010

We have been FS since Oct so we now have some limited experience of the issue.

Seems to be a mixed bag - perhaps depending on clients capability / who they eventually speak to at UC.

client who did not have an email for issue of ESA1 (UC) and effectively told he therefore couldn’t claim - so came to us for advice at that point.

client who tried to make claim after significant tel advice from us on the process / difficulties - but could not get to the corrrect point in the process with contact centre for issue of form. We made appointment for client and make claim while client in office and had no difficulty.

Downloading a blank ESA/JSA claim form and sending it to DWP with a ‘backdating’ (earlier date of claim) request (if appropiate) is much simpler / quicker that trying to make a telephone claim!

Andyp5 Citizens Advice Bridport & District
forum member

Citizens Advice Bridport & District

Send message

Total Posts: 1011

Joined: 9 January 2017

Peter Turville - 26 January 2018 02:03 PM

We have been FS since Oct so we now have some limited experience of the issue.

Seems to be a mixed bag - perhaps depending on clients capability / who they eventually speak to at UC.

client who did not have an email for issue of ESA1 (UC) and effectively told he therefore couldn’t claim - so came to us for advice at that point.

client who tried to make claim after significant tel advice from us on the process / difficulties - but could not get to the corrrect point in the process with contact centre for issue of form. We made appointment for client and make claim while client in office and had no difficulty.

Downloading a blank ESA/JSA claim form and sending it to DWP with a ‘backdating’ (earlier date of claim) request (if appropiate) is much simpler / quicker that trying to make a telephone claim!

Not necessarily unfortunately, because it is so hit and miss, if it is not registered on the system, that creates further potential challenges i.e. DWP not registering it on their system after receiving it in the post or forwarding to Belfast who process the claims .

We did download last week an ESA form, and a Payment details form for a client who had already applied for UC and was attending the initial UC interview to take with her and that worked (thank gawd!). 

 

Benny Fitzpatrick
forum member

Welfare Rights Officer, Southway Housing Trust, Manchester

Send message

Total Posts: 627

Joined: 2 June 2015

A further issue with this process:

JCP finally relented under pressure from MP to accept claim independently of UC, and a home visit was requested to verify Cl’s ID. However, the visiting officers (who are actually in this area part of the pension service) promptly threw a fit and refused to do the visit because it was “the wrong sort of referral”.

Further series of complaints via the UC manager at JCP, who managed to get them to agree to visit. However they then stated Cl’s ID was not acceptable and advised they would contact her to arrange a further visit. 2 weeks passed. Still no contact. Further phonecall to JCP who promised to chase it up.

This client has been without income since October 30th. We as her landlord are supporting her, but we cannot do this for ever.

The local UC managers at the jobcentre have been very helpful, but they don’t seem to have sufficient influence over the jobsworths elsewhere in the system, who seem determined to obstruct, obfuscate and frustrate at every opportunity.

In ten years as a WRO I don’t think I have ever come across such intransigence, incompetence and downright disregard for the welfare of a claimant. It is an absolute disgrace.

Andyp5 Citizens Advice Bridport & District
forum member

Citizens Advice Bridport & District

Send message

Total Posts: 1011

Joined: 9 January 2017

Attached Internal guidance for JCP staff on dealing and processing New Style ESA/JSA claims

annief
forum member

Benefits adviser - Maggie's Centre, Edinburgh

Send message

Total Posts: 107

Joined: 5 November 2012

Has anyone managed to get an ex-gratia payment from the DWP for not allowing a clt to make a claim to NS ESA?
I had a lady visit me yesterday who wanted to make a claim to NS ESA, she specifically said she wanted to claim on her contributions. The area had just become full service and she was told she had to claim UC. She has had a lump sum payout of her pension due to her cancer and is not entitled to UC due to her capital. Unfortunately she has spent quite a bit of time in hospital due to a spinal cord compression and has not been able to pursue the cont based claim. She finally saw me yesterday, her SSP ran out at the beginning of last year and her full wages stopped in August. As we are now in a new benefit year, I have instructed her to make a backdated claim to NS ESA and have asked her to request an ex-gratia payment as she was misdirected by the DWP despite her specific request to claim Cont based benefit. I wondered if anyone had had an success with this?

Madamejones
forum member

Benefits Take Up officer - Cheltenham Borough Council, Gloucestershire

Send message

Total Posts: 44

Joined: 17 June 2010

Daphne - 22 January 2018 10:19 AM

Madamejones - I will pass you story on to stakeholders - we have been going on at them for ages about this - without much success - but I am happy to keep bombarding them…

Thank you Daphne. I have written a stern letter to accompany the claim form!
My customer has since received many letters regarding her disallowed claim…..total bonkers! We are not taking any notice of them & just waiting to see what happens when they receive the paper claim form.

 

Madamejones
forum member

Benefits Take Up officer - Cheltenham Borough Council, Gloucestershire

Send message

Total Posts: 44

Joined: 17 June 2010

Andyp5 Citizens Advice Bridport & District - 26 January 2018 03:55 PM

Attached Internal guidance for JCP staff on dealing and processing New Style ESA/JSA claims

Thanks :-)

Andyp5 Citizens Advice Bridport & District
forum member

Citizens Advice Bridport & District

Send message

Total Posts: 1011

Joined: 9 January 2017

An extract from an email from a client -  ‘The staff at the job centre had said I would be better in uc than the new esa and was looking into for me.  So I’m a little confused now’.

 

 

Jeremy Barker
forum member

Citizens Advice North Lincolnshire

Send message

Total Posts: 102

Joined: 7 September 2010

Andyp5 Citizens Advice Bridport & District - 01 February 2018 02:51 PM

An extract from an email from a client -  ‘The staff at the job centre had said I would be better in uc than the new esa and was looking into for me.  So I’m a little confused now’.

 

I’m not surprised your client is a little confused. What JCP have told him is, strictly speaking, correct - if their UC entitlement is more than new-style ESA (in many cases it will be). However, that’s not a reason for not claiming new-style ESA as well as UC. In particular there is one situation where claiming new-style ESA is clearly beneficial - this is when at some point in the foreseeable future something could happen that would reduce his UC entitlement but would not affect entitlement to new-style ESA. For example, capital going over £6,000.

Andyp5 Citizens Advice Bridport & District
forum member

Citizens Advice Bridport & District

Send message

Total Posts: 1011

Joined: 9 January 2017

Jeremy Barker - 02 February 2018 12:30 PM
Andyp5 Citizens Advice Bridport & District - 01 February 2018 02:51 PM

An extract from an email from a client -  ‘The staff at the job centre had said I would be better in uc than the new esa and was looking into for me.  So I’m a little confused now’.

 

I’m not surprised your client is a little confused. What JCP have told him is, strictly speaking, correct - if their UC entitlement is more than new-style ESA (in many cases it will be). However, that’s not a reason for not claiming new-style ESA as well as UC. In particular there is one situation where claiming new-style ESA is clearly beneficial - this is when at some point in the foreseeable future something could happen that would reduce his UC entitlement but would not affect entitlement to new-style ESA. For example, capital going over £6,000.

Regarding our client there were very good reasons for claiming ESA i.e. backdating 3 months, paid fortnightly, being treated as having LCW while waiting for a WCA, living in specified accommodation i.e. HB.

Both ESA and UC have been actually claimed. Anyway got to rush somewhere! But the wider point is in part related to this topic and other topics re JC advice etc etc.