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Contribution-based ESA 365 days gone!

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10 years 11 months ago - 10 years 11 months ago #102134 by Derek
I won my appeal at Tribunal in mid February (after a 9 month wait) and was placed in th WRAG group. I have now been informed that my ESA payments will cease in May due to the 365 day rule. I have savings a little in excess of £16,000 and therefore cannot claim income-related ESA. My mobility is severely restricted due to knee and foot problems (amongst other things) that will only get worse in the future and even if there were any jobs in my area (South Wales) there is no way I could work full time.

I am curious to know what others in my position do when the 365 day rule is applied and the payments stop! I don't think it's fair that I should eat into my savings as I have spent a lifetime of hard work to accumulate this modest amount and it also precludes me from claiming ANY means-tested benefits at all !!

This £16,000 limit has been at that level for at least 10 years and has not been increased in line with inflation, if it had done so it would be almost £30,000 and I don't have anything like that amount!

It all seems so unfair, I wonder if I am missing something here ??
Last edit: 10 years 11 months ago by slugsta.

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10 years 11 months ago #102136 by slugsta
Replied by slugsta on topic Contribution-based ESA 365 days gone!
I am guessing that the argument would be that now is that 'rainy day' that you have been saving for! Don't forget that your savings would soon dip under £16000 once you started living off them and then you would be entitled to (a reduced rate) income-related ESA and other benefits that go with it.

Do be warned that any suggestion that you had disposed of your savings soley to get benefits would probably count as 'deprivation of income' and lead to you being treated as if you still have the money.

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

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  • bro58
10 years 11 months ago - 10 years 11 months ago #102145 by bro58
Replied by bro58 on topic Contribution-based ESA 365 days gone!
Hi D,

Have a read through this recent topic thread :

www.benefitsandwork.co.uk/forum?view=top...&limitstart=0#101735

You may then have a better idea of your options.

bro58
Last edit: 10 years 11 months ago by bro58.

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10 years 11 months ago - 10 years 11 months ago #102161 by Derek
Replied by Derek on topic Contribution-based ESA 365 days gone!
Phew Bro! There's a lot of to-ing and fro-ing in that topic but as I understand it you need to have worked and actually PAID NI contributions for at least 12 months in the last 2 years (condition 1). I too was transferred from IB to ESA and have not been able to work for 8 years so there's no way I could have paid contributions myself! I think it's pretty unlikely that anyone in my position satisfies condition 1 so there's no point in putting in another claim after 12 weeks I guess?
Last edit: 10 years 11 months ago by bro58.

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10 years 11 months ago - 10 years 11 months ago #102165 by shrinathji
Replied by shrinathji on topic Contribution-based ESA 365 days gone!
Hello,

After the 365 days can you still claim ESA for your NI credits and would these count for making a new claim should ones condition get worse????

Radhika.
Last edit: 10 years 11 months ago by Gordon.

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  • bro58
10 years 11 months ago - 10 years 11 months ago #102167 by bro58
Replied by bro58 on topic Contribution-based ESA 365 days gone!

Derek wrote: Phew Bro! There's a lot of to-ing and fro-ing in that topic but as I understand it you need to have worked and actually PAID NI contributions for at least 12 months in the last 2 years (condition 1). I too was transferred from IB to ESA and have not been able to work for 8 years so there's no way I could have paid contributions myself! I think it's pretty unlikely that anyone in my position satisfies condition 1 so there's no point in putting in another claim after 12 weeks I guess?


Hi D,

You seem to have grasped it.

However, if as a result of any future review as a result of a deterioration in your condition, or a reassessment you are placed into the SG, payment of CB ESA would be reinstated.

For this to happen, you cannot opt out of ESA, even if you are only receiving NI Credits, with no payment of CB ESA after the 365 days have elapsed.

You must comply with any requests to fill out an ESA50, or attend a face to face. You would not have to take part in any WRA though.

As long as you can maintain a continuous assessment of LCW (WRAG) payment of CB ESA would be reinstated if you were placed into the SG, as mentioned above.

Payment of CB ESA would continue for as long as you stay in The SG.

12 Month Limit for ESA(CB)

bro58
Last edit: 10 years 11 months ago by bro58.

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