PIP, ESA and Housing Benefit

DavidPeters

Hi there everyone, thank you to everyone supporting people on here. It's amazing that people take the time out to help others for no cost. You are all earth angels!!!

I need some help, I moved to County Durham from my local area in Pendle, as a good friend was living in Sunderland and they offered to provide me with support for my disabilities (Spinal fractures, constant pain, PTSD, anxiety, depression). I found a cheap house and When I moved from Pendle I had a pending claim for Housing Benefit, ESA and PIP. The PIP case took well over a year and the local council wouldn't pay housing benefit as I wasn't recieving the severe disability premium at the time. My landlord was very reasonable and knew of my disability and had heard of the horrors people were having at assessments so didn't evict me. I went to assessments and was 'knocked back' on both. Took it to tribunal and won. Housing benefit wouldn't backdate a years rent. I didn't want to let the landlord down so paid him the rent out of my award. The real issue I have is that my friend is moving back to Lancashire and I don't want to remain isolated here in the North East so I'm wondering if I find a house near her in Pendle, one bedroomed, living alone, exactly the same circumstances as my previous claim, but in a different area, would I be reassessed and have to go through all that again with a tribunal etc if I move back to Pendle? Or am I protected for the two years award? Would there be any chance of a move to Universal Credit if I'm getting the S.D.P?

Any help would be really appreciated.

I don't think I could go through all the assessments and letter writing again, it nearly burnt me out completely and definitely exacerbated my anxiety and depression. :-(

If there's a chance I could be moved to Universal Credit before January 2021 by changing address, or that I had to go through all that again, then I wouldn't move.

poppy123456

HI and welcome,

As you're claiming the SDP inwith your ESA then you are excluded from claiming UC until January 2021. A simple move would not prompt a review of your PIP, at least mine never has and i've moved house many times in the past 6 years and i claim PIP and ESA.

For the work capability assessment you can be reassessed anytime from 3 months, so if you do moved and you receive a form then it will be pure coincidence.

You would of course need to move by January 2021 because after this date then a move to a different local council will prompt a move to UC.

Hope this helps and good luck with your move.

DavidPeters

Thank you Poppy! This helps a lot! :-)

Are there any ongoing legal challenges regarding the work capability reassessments after three months? And have you heard of many people being reassessed soon after they've been awarded? 

Seems strange they'd reassess after three months when they've awarded the benefit for two years. Surely this isn't fair. Hope many people haven't been affected and lost benefits after all that hard work getting them in the first place. This dwp system is so cruel. 

DavidPeters

Also, how often are your reassessments? Sorry to ask all these questions but this is the first time Ive claimed benefits.

Kind regards 

poppy123456

You're welcome. The timescale given by the Tribunal is just a guide. Some people are reassessed after 6 months but others are much longer.

I would try not to worry about that right now, easier said than done i know. I'm the same and claim ESA too, my last assessment was in March this year, just before lockdown was put into place the dreaded envelope came through the door.I filled out the form and returned it thankfully i had another paper based assessment and decision was to be kept in the Support Group. I put it to the back of my mind now until the next one comes through the door, if i don't then i'd never sleep and i don't have much of that anyway.

DavidPeters

Thank you once again! Your help has been fantastic. 

Are they doing paper based assessments because of the virus or because of your disability? 

Sorry to hear about the lack of sleep. :-( 

poppy123456

You're welcome Most likely because of my disability. It isn't the first time i've had a paper based assessment for ESA.

janer1967

Hi and welcome, I would just kike to add my experience. I get UC but have been to tribunal for WCA  won at tribunal and the recommendation was that I was not re-assessed for 3 years.

I know you can be reassessed after 3 months but I have not as yet been re-assessed and that was 18 months since my tribunal.

I dont think re-assessments are a priority at the moment with f2f assessments suspended so fingers crossed will take them a while to get round to me