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emmie | 06:33 Wed 14th Aug 2013 | ChatterBank
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does anyone know if the DWP can switch a person from one benefit to another without informing the person they have done so, no letter and no reason.
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Have you switched from incapacity to esa ? The first 12 months of esa is contribution based, and the switch should happen without filling in a form...unless you have insufficient ni contributions then means tested esa is awarded on the basis of a form being filled, you will have to do this form also once the 12 months contribution based esa expires....but you...
06:47 Wed 14th Aug 2013
You're not the only one. A lot of our clients who were on Disability benefits had them stopped without notice and received a letter eventually, to tell them benefits were stopped a month ago. And a lot of them have got into some difficulties with it. I'm not sure the changes in benefits are being kept up with very well.
We have a client with advanced Huntingdon's. He'll never work again, but his benefits are stopped on a regular basis, due to "a change in circumstances." His niece rings them about it and nobody seems to have any idea why. Frustrating.
JSA is job seekers allowance. they have stopped your ESA and put you on JSA this means you have to sign on every 2 weeks and be 'looking for work' in other words they think you are able to work. You need to appeal against this, best to get the CAB involved.
A contact who works on ESA says that the two benefits are administered by the same computer system. Because of this it is possible that it's just an admin error, that you are receiving ESA, but it is being described as JSA. Unless you also receive letters telling you to "sign on" for JSA, or informing you that you've missed an appointment, you should be receiving what you asked.

If you do receive letters informing you that you are now on JSA and have missed some appointment that was never made, then there may be a further problem, in which case please do come back to this site and I may be able to provide further advice. In the meantime, the answer to the original question:

"Can the DWP switch a person from one benefit to another without informing the person they have done so..."

is no, except in very specific cases when the law provides (and even then you have to be informed). The law does not provide for ESA -> JSA switches, so if you have been switched involuntarily from ESA to JSA, then you should appeal.

The answer to you first question is YES they can and do do this officially they are not supposed to but they are getting away with it . There is so much emphasis now on getting the benefit payments down that they do virtually whatever they like.They just assume that many people will just accept it.
Have you recently filled in a medical questionnaire? if so that is what has happened ATOS send out the questionnaires. As previously discussed on AB ATOS are the company the DWP subcontract the administration of disability benefits to. They get £40 for each assessment but that rises to £250 for every case they turn down or refuse. The problem is that if the refusal is turned down at appeal ATOS still keep the £250 , so they it now looks like they are turning down all applicants and not even bothering to tell you what they have done.
My wife currently gets ESA but a reassessment is due, even though her condition is worse now I know we will be refused. Luckily I am old enough to claim Pension credit so we will be changing to that.
This seems to represent a new 'low' in the history of ATOS they are supposed to tell you before a benefit is stopped but now it looks like they are not even doing that.
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i have spoken with the welfare rights officer who say they cannot change it just like that, i would have to go for interview and so forth, she said as well as the DWP that the two esa, jsa are on the same system and seems to be an error, i sure hope so. i confess the system is so complicated and so very hard to navigate i wonder how those who beat the system do so with impunity,.
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Been through the mill before with ATOS, it seems one mighty con, having read through the last number of posts i can see that some have had same problems. If they have shoved me onto JSA, no one has said and no letter has come, or phone call, i was told that would happen if that is what was intended. The form went off to ATOS and according to them they have a large backlog of cases. If i could swear on here and get away with it i would, this has been the cause of much pain and anguish.

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