Son's benefits stopped because forms weren't received

[camerton]

my sons benefit have been stopped not through assessment, but they say they never received the questionnaire ,it was posted 3weeks before the deadline but they say it never arrived ,he has uncontrolled gran mal epilepsy and was placed in the wrag group 2 years ago ,stating unable to work in the longer term.received a letter saying esa stopped housing benefit also stopped .i have no proof that i posted it i should have used recorded delivery .he has been told in the letter he is fit for work he is very stressed out and worried sick ,how can they do this on a technicality and not assessment ,the epilepsy has not gone away in fact is worse than 2 years ago .

[honeybee13]

Hello and welcome to CAG.

 

I'll move your thread to the benefits forum, where the guys should know the answers for you. There will be a short term redirect from this forum for you to follow.

 

I'll edit your thread title to show what you're asking.

 

My best, HB

[**Margaret**]

:camerton:

 

Failure to return an ESA50 without good cause means the claimant can be treated as not having limited capability for work until such time as Jobcentreplus receive a completed questionnaire. Quickest solution to this dilemma is to ask your son's benefit centre for a new form and get it sent off soon as poss, or if you've the technology there's a downloadable copy at;

 

https://www.gov.uk/government/publications/esa-50-limited-capability-for-work-questionnaire

 

Don't send it to Atos. Your son's file will already have been returned to the benefit centre. Soon as the questionnaire's received by the benefit centre your son should be treated as having limited capability for work pending further assessment and payments reinstated.

 

The disallowance of your son's employment support is an appealable decision. You'd need to show that he's a compliant claimant, always returns forms promptly, notifies changes of circs immediately, etcetera. Details of when the form was completed, where it was posted and what was enclosed with it, all help to persuade decision makers that it's more likely than not the ESA50 was lost by Atos/Royal Mail.

 

Housing benefit depends on low income. Ask the local authority for a nil income form or (if they don't use them) declare a change of circs.

 

Back to that ESA50. Very controversial but the descriptors for activity nine changed earlier this year.

 

Sincerely, Margaret.

[grahamdavid31]

I have found it best to send all paperwork back as special delivery. It costs a lot more, but you have a record of the posting of any paperwork sent. Please ack quickly and get another IB50. Even goto citizens advise for help. I, have kept alog of all paperwork that has been posted and phone calls made etc. Something to fall back on if DWP start playing up. I, wish you all the very best,. you are not alone. DWP/ATOS are making peoples lifes hell.

[Nystagmite]

I have found it best to send all paperwork back as special delivery. It costs a lot more, but you have a record of the posting of any paperwork sent.

 

Can I just add that if you send something by post via post office, you can get proof of posting free.

[honeybee13]

I can't remember if proof of posting is enough with the DWP, Nystagmite? The free one doesn't get signed for, does it?

 

HB

[bill58]

i sent my forms of on friday. i used the same envolope they gave me. the lady at the p.o. only charged me a extra 60p for recorded delivery.i asked about tracked mail. was told you have to send special delivery and costs £6.20. hope this is of some help.

[tokenfield]

Hang on, I thought that we were all equal in the eye of the law?

 

It is sufficient for the DWP to say that when something is posted it has been deemed to have been received. There is plenty of case law on this - the DWP are only required to show that (a) it was posted and (b) posted to the last known address. Once that has been carried out it has been deemed to have been delivered. Many have tried to argue that something has not been delivered and have been refused permission for a late appeal.

 

So why can't the claimant rely on the same attitude that in the eye of the law if the claimant says that it was posted (even 2nd class) to the last known address of the DWP, it is deemed to have been received by them. Why are people being asked to 'prove' posting and at the same time costing money?

 

Surely the OP should be telling ATOS/DWP to accept that it was received but that they have either mislaid it or lost it completely not the OP's fault!