Any one suggest a way forward?

Hi sorry what is CTS ?

soulboy wrote: Hi sorry what is CTS ?

Hi SB,

I assume that you are referring to my post here :

www.benefitsandwork.co.uk/forum?view=top...98016&start=6#105709

CTS : Council Tax Support, which has replaced CTB : Council Tax Benefit.

Just in case, HB = Housing Benefit, (if you rent)

Information regarding both of the above will be on your Local Authority (Council) Website.

bro58

bro58 wrote:

soulboy wrote: Hi sorry what is CTS ?

Hi SB,

I assume that you are referring to my post here :

www.benefitsandwork.co.uk/forum?view=top...98016&start=6#105709

CTS : Council Tax Support, which has replaced CTB : Council Tax Benefit.

Just in case, HB = Housing Benefit, (if you rent)

Information regarding both of the above will be on your Local Authority (Council) Website.

bro58

Hi SB,

Further info on CTS/CTR :

www.gov.uk/council-tax-reduction

bro58

The saga continues after receiving a letter from the DWP I was awarded IR ESA I have been receiving this since 29th May after they wanted to put me on JSA however I couldn't meet the criteria to sign up for being able to travel 90 mins and taking a job of 40 hrs.
I got a letter last friday saying the IR ESA is to stop because I haven't returned a questionnaire i couldn't get through on the phone so i wrote to them i explained i haven't received a questionnaire nor a reminder letter today a letter came the IR ESA is to stop form 3july.
What can I do having not received the above ?

soulboy wrote: The saga continues after receiving a letter from the DWP I was awarded IR ESA I have been receiving this since 29th May after they wanted to put me on JSA however I couldn't meet the criteria to sign up for being able to travel 90 mins and taking a job of 40 hrs.
I got a letter last friday saying the IR ESA is to stop because I haven't returned a questionnaire i couldn't get through on the phone so i wrote to them i explained i haven't received a questionnaire nor a reminder letter today a letter came the IR ESA is to stop form 3july.
What can I do having not received the above ?

Hi sb,

It looks very much like your benefit has been stopped for failure to return an ESA50 Questionnaire.

You should have received a reminder 3 weeks after the ESA50, so it looks like both have gone missing, if indeed they were ever sent.

This can be a very difficult situation, as there is a legal presumption that if the DWP/ATOS state that they have sent some form of correspondence, then the claimant will have received it.

Is there a history of mail going missing with your address ? have you moved home recently ?

If there is a history of your mail going missing, and you can prove it, this will help.

You can ask for administrative proof from the DWP/ATOS that the ESA50 and the subsequent reminder letter were posted to you, with your correct name, address and postcode.

Again, if they cannot produce such evidence this will help your cause.

Here is a rightsnet thread with the same scenario, only the letter in question that did not arrive was for a face to face assessment appointment :

www.rightsnet.org.uk/forums/viewthread/4275/

Here is some other case law from a topic on B&W from last year courtesy of Jim :

"CIB/1381/2003 discusses the legislation governing the requirement to send documents and the issue of good cause for failure to attend as well as the meaning of the word "send" or "sent" which in some interpretations can mean dispatched or delivered. It also cites R(IB)2/01, CSIB/611/1998, CJSA/3523/2002 and R(CS)1/99. See also CIB/927/2009.

CSIB/721/2004, citing CIB/4512/2002, states that a notification has not been sent if it was not delivered. As a result questions of good cause for non attendance are not reached in the case of non-receipt of a notification."

You can access the case law on this site :

www.osscsc.gov.uk/Aspx/default.aspx

&

disabilityrightsuk.developmentworks.co.u...cisions-3#INCAPACITY

&

www.rightsnet.org.uk/toolkit/caselaw/

You might want to involve your M.P. and seek advice :

Where to get advice?

Contacting your MP

In the mean time you could query whether or not you are entitled to hardship payments :

www.childrenssociety.org.uk/news-views/o...re-assistance-scheme

You could also consider making a fresh claim for ESA if there has been more than 6 months since the date of the last ESA award decision, or your conditions have changed or deteriorated, since then.

You would need a fit note from your G.P., and I would advise that you seek advice before doing this.

Please keep us updated.

bro58

Hi
I've not had any particular problems with my post before but I did not receive a questionnaire nor a reminder my doctor says I'm not fit to work , I could do a bit of part time work but my back flares up so I can't do any consistantly my employment adviser says I'm unemployable, I don't met the criteria for JSA

My IB ESA has now stopped how are you supposed to survive ? I applied in April for IB ESA so I can't reapply as far as I can see.

SB