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Advice please re continuing with ESA claims

  • del
  • Topic Author
9 years 8 months ago - 9 years 8 months ago #123489 by del
Hi bro58, thanks for great explanation.
Yes, it is due to financial circumstances changing, do not have full details yet but will definitely notify DWP in writing via special delivery mail as soon as I have full details available to me.
Should have said been on CB for 365 days thereafter IR.
Thanks for information regarding Support Group, that is definitely something to keep in mind and think seriously about before reaching my decision. Not sure how personal finances, etc affect payment when in Support Group. Are there details available on this site?

Good to know don't have to attend WFI's, probably shouldn't have said that, tempt fate, as things are constantly changing regards ESA.

Thanks again for advice.

bro58 wrote:

del wrote: I am in ESA WRAG and currently in receipt of IR ESA. My circumstances will shortly be changing although my health conditions mean I am still not capable of working.
Based on current ESA eligibility criteria when my circumstances change I will not be entitled to any financial payment. HMRC confirmed I have sufficient NI contributions to be eligible for state pension. I also receive an occupational pension.
I would appreciate any advice as to whether or not there are any advantages to continue claiming ESA given that I will not receive any financial payment and that I do not require NI credits.

:evil: I know the disadvantages only too well :lol:


Hi d,

I gather that a Change of Circumstances with regards to your financial situation is about to happen, and this change will mean that you can no longer pass the "means test" or other financial qualifying criteria for entitlement to payment of IR ESA.

The advantage of keeping your ESA claim "live" (and this scenario is only if you originally had enough NI Contributions/Credits to be paid CB ESA in The WRAG, and then the CB ESA payments ceased after 365 days) is that if you maintain a "continuous" assessment of Limited Capability for Work, (LCW) and at some future reassessment, or as the result of a change/deterioration in your medical condition, you then qualify for the SG, payments of CB ESA would be reinstated.

If you did not ever receive CB ESA, this will not be the case.

As you may know, if you keep your ESA Claim "live" you will have to still comply with periodic WCA's, although you should not have to comply with WFI's/WRA whilst in receipt of NI Credits only.

I would advise that you seek advice from CAB or the like, if you are still unsure :

Where to get advice

If you are sure that you do wish to close your ESA Claim, I would advise that you do so formally in writing, rather than simply letting it lapse as a result of not complying with a future WCA.

If there is to be a Change of Circumstances, you would have to inform the DWP formally in writing :

Sending Documents to the DWP or ATOS

bro58

Last edit: 9 years 8 months ago by .

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9 years 8 months ago - 9 years 8 months ago #123491 by

del wrote: Hi bro58, thanks for great explanation.
Yes, it is due to financial circumstances changing, do not have full details yet but will definitely notify DWP in writing via special delivery mail as soon as I have full details available to me.
Should have said been on CB for 365 days thereafter IR.
Thanks for information regarding Support Group, that is definitely something to keep in mind and think seriously about before reaching my decision. Not sure how personal finances, etc affect payment when in Support Group. Are there details available on this site?

Good to know don't have to attend WFI's, probably shouldn't have said that, tempt fate, as things are constantly changing regards ESA.

Thanks again for advice.

bro58 wrote:

del wrote: I am in ESA WRAG and currently in receipt of IR ESA. My circumstances will shortly be changing although my health conditions mean I am still not capable of working.
Based on current ESA eligibility criteria when my circumstances change I will not be entitled to any financial payment. HMRC confirmed I have sufficient NI contributions to be eligible for state pension. I also receive an occupational pension.
I would appreciate any advice as to whether or not there are any advantages to continue claiming ESA given that I will not receive any financial payment and that I do not require NI credits.

:evil: I know the disadvantages only too well :lol:


Hi d,

I gather that a Change of Circumstances with regards to your financial situation is about to happen, and this change will mean that you can no longer pass the "means test" or other financial qualifying criteria for entitlement to payment of IR ESA.

The advantage of keeping your ESA claim "live" (and this scenario is only if you originally had enough NI Contributions/Credits to be paid CB ESA in The WRAG, and then the CB ESA payments ceased after 365 days) is that if you maintain a "continuous" assessment of Limited Capability for Work, (LCW) and at some future reassessment, or as the result of a change/deterioration in your medical condition, you then qualify for the SG, payments of CB ESA would be reinstated.

If you did not ever receive CB ESA, this will not be the case.

As you may know, if you keep your ESA Claim "live" you will have to still comply with periodic WCA's, although you should not have to comply with WFI's/WRA whilst in receipt of NI Credits only.

I would advise that you seek advice from CAB or the like, if you are still unsure :

Where to get advice

If you are sure that you do wish to close your ESA Claim, I would advise that you do so formally in writing, rather than simply letting it lapse as a result of not complying with a future WCA.

If there is to be a Change of Circumstances, you would have to inform the DWP formally in writing :

Sending Documents to the DWP or ATOS

bro58


Hi d,

"Should have said been on CB for 365 days thereafter IR."


In that case, it would be possible for your CB ESA payments to be reinstated in the future as the result of a requested review/supersession due to a change or deterioration in your condition or after a scheduled reassessment, you were placed into The SG.

As long as you maintain a "continuous" assessment of LCW and continue to comply with any future reassessments.

If CB ESA payments are reinstated as above, as it would be CB ESA once more, there would be no "Means Test" with regards to any capital, assets, savings, household income or hours worked by a partner, if you have one.

The only income that may affect payments of CB ESA would be from an Occupational/Works Pension. (OP)

However, there is an £85/Week disregard for any OP payments.

e.g. OP = £105/Week which is £20/Week in excess of the £85/Week disregard, therefore 50% of the excess (£10/Week) would be deducted from your weekly payments of CB ESA.

Any OP less than £85/Week will have no effect of your CB ESA payments.

If you were placed into The SG in the future, you would continue to receive CB ESA payments for as long as you remained in The SG.

bro58
Last edit: 9 years 8 months ago by .

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9 years 8 months ago #123508 by oldman
Replied by oldman on topic Advice please re continuing with ESA claims
CB ESA runs out in august. Applied for IR ESA but have been turned down as I have war pension 200, and sap 400 a month. Not enough to live on so looking for a job even though I have osteoarthritis in both hands hips and knee. My doctor says I will never work again as the condition will only get worse. I have no options as I have financial committments.

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9 years 8 months ago #123512 by Gordon
Replied by Gordon on topic Advice please re continuing with ESA claims

oldman wrote: CB ESA runs out in august. Applied for IR ESA but have been turned down as I have war pension 200, and sap 400 a month. Not enough to live on so looking for a job even though I have osteoarthritis in both hands hips and knee. My doctor says I will never work again as the condition will only get worse. I have no options as I have financial committments.


Your previous posts suggest that you have a re-assessment about 5 months ago, I am assuming that this placed you in the WRAG again.

Do you believe that you met the criteria for the Support Group at that time or now do?

If you do then you should look at whether you can be placed in the SG as this will allow your ESA(CB) payments to continue, however, this is unlikely to be a short term solution that will help with monetary problems.

If you close your ESA claim by starting work then you will not be able to make a new claim unless you can re-meet the Contribution conditions, assuming the your pension continue to prevent you claiming ESA(IR). This means that you have to earn enough to receive NICs which will also have an implication to your State Pension.

If in doubt, please get face to face advice before proceeding so that any decision you make is done with you being aware of all the implications.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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