I have been in receipt of incapacity support (contribution based), but last year after a work capability assesment I was told that I had scored 0 points and that I did not qualify for ESA.

I Appealed and it took 10 months for a tribunal to hear my case and the decision was over turned and I was put in the wrag group.

However, under the new rules I am aware that ESA(CB) only lasts for 365 days. When does the 365 days begin, as I was receiving ESA at a reduced rate(assesment phase) for 10 months, and assumed that my ESA would end in the next couple of months.

However, I have found information that states that ESA begins from the date that The tribunal makes the decision.

Pls can anyone advise

Thanks

Spuggylegs wrote:
Hi Sl,

Were you in the Support Group, of ESA before you were reassessed and found fit for work (0 points) or were you in receipt of Incapacity Benefit (IB) and then scored 0 points on being migrated over to ESA ?

bro58

Even though you have not answered my questions Sl, I will try to give you an answer anyway.

As a Tribunal Decision, is only a revision/remaking of the decision that you have appealed, (Fit for work 0 points), the WRAG award given by The Tribunal would be backdated to the time of the fit for work decision.

Therefore, you will be classed as having been in the WRAG, since the date of the fit for work decision.

If you only receive Contribution Based ESA, then the clock will have started ticking from that date, with regards to the 365 day limit. see : 12 Month Limit for ESA(CB)

To be clear the clock will not just start ticking re : 365 days, from the date of the Tribunal Decision, but from the date of the adverse decision that you appealed.

bro58

bro58 wrote:
Even your time in receipt of Assessment Rate ESA, if CB ESA would count against your 365 day entitlement.

The only way that you could have turned the clock back to "Zero" , would be if you had been placed into the Support Group by The Tribunal, which would again be backdated to the time of the adverse fit for work decision.

You should be assessed to see whether you are entitled to Income Related ESA when your 365 day entitlement is coming to an end.

Of course, if you feel that your health has deteriorated since the time of your last assessment, (and you can provide evidence to that effect), and you therefore may now qualify for the SG, you could ask for a supersession/review, see :

DWP Supersession

&

Qualifying for the Support Group

See also :

12 Month Limit for ESA(CB) – Implementation

Asset rule for ESA(IR)

Your household income would obviously be "Means Tested" also.

You may wish to gain professional face to face advice to discuss your options, see :

Where to get advice?

Or try putting Welfare Rights/Advice , with your town or postcode into Google.

bro58

Thanks for your replies, but to answer your question I was on incapacity benefit before the ESA medical and decision, which was succesfully appealed.