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TOPIC: Contribution-based ESA 365 days gone!

Contribution-based ESA 365 days gone! 1 year 4 months ago #102134

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: 1 year 4 months ago by Mrs Hurtyback.
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Contribution-based ESA 365 days gone! 1 year 4 months ago #102136

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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Contribution-based ESA 365 days gone! 1 year 4 months ago #102145

  • bro58
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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
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 1 year 4 months ago by bro58.
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Contribution-based ESA 365 days gone! 1 year 4 months ago #102161

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: 1 year 4 months ago by bro58.
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Contribution-based ESA 365 days gone! 1 year 4 months ago #102165

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: 1 year 4 months ago by Gordon.
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Contribution-based ESA 365 days gone! 1 year 4 months ago #102167

  • bro58
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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
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 1 year 4 months ago by bro58.
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The following user(s) said Thank You: Derek
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