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IR/contriutory
- Mick Egan
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10 years 3 months ago - 10 years 3 months ago #116097 by Mick Egan
IR/contriutory was created by Mick Egan
Hello,having been placed in support group after tribunal will my assessment return to contributory as my 365 days elapsed while waiting for my appeal or will it stay at income related,i have small pension which obviously will be deducted if i am IR,your opinion please
Thanks kettle
Thanks kettle
Last edit: 10 years 3 months ago by .
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10 years 3 months ago #116103 by
Hi K,
If you were originally entitled to CB ESA, then as the SG award will be back dated to the time of the original WRAG award, payment of CB ESA should be reinstated.
Due to the above your 365 days entitlement to CB ESA "clock" will be reset to zero, it will be as if you had never been in The WRAG.
As you are in the SG, you may be entitled to IR ESA top ups to your CB ESA, due to entitlement to "premiums"
ESA Premiums
bro58
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Kettle wrote: Hello,having been placed in support group after tribunal will my assessment return to contributory as my 365 days elapsed while waiting for my appeal or will it stay at income related,i have small pension which obviously will be deducted if i am IR,your opinion please
Thanks kettle
Hi K,
If you were originally entitled to CB ESA, then as the SG award will be back dated to the time of the original WRAG award, payment of CB ESA should be reinstated.
Due to the above your 365 days entitlement to CB ESA "clock" will be reset to zero, it will be as if you had never been in The WRAG.
As you are in the SG, you may be entitled to IR ESA top ups to your CB ESA, due to entitlement to "premiums"
ESA Premiums
bro58
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- Mick Egan
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10 years 3 months ago - 10 years 3 months ago #116266 by Mick Egan
Replied by Mick Egan on topic IR/contriutory
Hello again,thank you for your recent reply to my query however this has left me with a dilemna,finally received my assessment since placed in SG,i have been 'incorrectly'? placed on IR even though im due contributory (365 days expired during appeal waiting time) as you have said previously the 'clock'should be rewound to zero,my dilemna is that i have two small pensions,having informed dwp twice it appears that they have'lost' one during my data transfer from paper to electronic and they are only deducting one pension payment from the incorrect IR payment,as it stands im not sure,nor have i ever been due to meds etc which i am actually better off being on.
Dont misunderstand me,but after such a long stressful period of time waiting for something positive sorted it seems like i am being a tad ungrateful or pedantic but i have cotributed to the system for over 35 years,your wisdom or guidance please
Thank You,Kettle.
Dont misunderstand me,but after such a long stressful period of time waiting for something positive sorted it seems like i am being a tad ungrateful or pedantic but i have cotributed to the system for over 35 years,your wisdom or guidance please
Thank You,Kettle.
Last edit: 10 years 3 months ago by Gordon.
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10 years 3 months ago #116273 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic IR/contriutory
Kettle
I am aware that the forum has now closed so you cannot clarify any of the points in the following.
From your previous posts I can see that you spent some time in the WRAG following your initial claim for ESA (March 2012?) and then were moved to the Support Group, it is not clear from your posts why you were transferred to the SG, but given that you have only had some 6-7 months of ESA(CB) while waiting for your Tribunal I am guessing that this was the result of an assessment, this being the case the clock is not reset to zero, this period in the WRAG will still count against you.
However, as your ESA(CB) was not removed as soon as you were found Fit for Work, you must have had some on-going entitlement, given that your appeal replaces the original Decision and you are now back in the SG, that should mean that you ESA(CB) should be re-instated.
I am concerned that you have two pensions, you do not say what they total and how long they have been payable for, but the fact that one is not being deducted is an issue. If you have properly informed the DWP of these payments, then any over payment should not be recoverable, although they may still contact you about it. However, there are wider implications which may effect your entitlement to ESA(IR) as a top-up to your ESA(CB) while you were in the Support Group.
For this reason as well as arguing you right to be paid ESA(CB), I am going to recommend that you get face to face advice from a trained advisor. You need to speak to someone who can track your claim from when it was originally made and calculate what and how much you should have been receiving versus what you actually did receive.
Do an internet search for "welfare advice" with your postcode, town or county.
Gordon
I am aware that the forum has now closed so you cannot clarify any of the points in the following.
From your previous posts I can see that you spent some time in the WRAG following your initial claim for ESA (March 2012?) and then were moved to the Support Group, it is not clear from your posts why you were transferred to the SG, but given that you have only had some 6-7 months of ESA(CB) while waiting for your Tribunal I am guessing that this was the result of an assessment, this being the case the clock is not reset to zero, this period in the WRAG will still count against you.
However, as your ESA(CB) was not removed as soon as you were found Fit for Work, you must have had some on-going entitlement, given that your appeal replaces the original Decision and you are now back in the SG, that should mean that you ESA(CB) should be re-instated.
I am concerned that you have two pensions, you do not say what they total and how long they have been payable for, but the fact that one is not being deducted is an issue. If you have properly informed the DWP of these payments, then any over payment should not be recoverable, although they may still contact you about it. However, there are wider implications which may effect your entitlement to ESA(IR) as a top-up to your ESA(CB) while you were in the Support Group.
For this reason as well as arguing you right to be paid ESA(CB), I am going to recommend that you get face to face advice from a trained advisor. You need to speak to someone who can track your claim from when it was originally made and calculate what and how much you should have been receiving versus what you actually did receive.
Do an internet search for "welfare advice" with your postcode, town or county.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 3 months ago - 10 years 3 months ago #116286 by Mick Egan
Replied by Mick Egan on topic IR/contriutory
Thanks gordon,in answer to your queries,1.my time in wrag was minimal and incorrect at the time as i had two operations i.e. two seperate stays in hospital,also i was informed that due to the transfer of my records from 'paper to electronic'the pension was mised off,i mhave taken your advice and sought the expertise of an adviser a i do beleive that i have mised out as i am being told on and have been for some time incorrectly assessed.no top up was ever mentioned during my months in SG.Thanks for your help Kettle
Last edit: 10 years 3 months ago by Gordon.
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10 years 3 months ago #116289 by Gordon
Some 10 months ago you posted a question about your receiving the Enhanced Disability Premium, this would require you to be receiving ESA(IR) as a top up to your ESA(CB).
I did try to put together a history of your claim, but there is too much information missing from what you have posted on the forum for me to do so, so your getting face to face advice is the best thing.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic IR/contriutory
Kettle wrote: Thanks gordon,in answer to your queries,1.my time in wrag was minimal and incorrect at the time as i had two operations i.e. two seperate stays in hospital,also i was informed that due to the transfer of my records from 'paper to electronic'the pension was mised off,i mhave taken your advice and sought the expertise of an adviser a i do beleive that i have mised out as i am being told on and have been for some time incorrectly assessed.no top up was ever mentioned during my months in SG.Thanks for your help Kettle
Some 10 months ago you posted a question about your receiving the Enhanced Disability Premium, this would require you to be receiving ESA(IR) as a top up to your ESA(CB).
I did try to put together a history of your claim, but there is too much information missing from what you have posted on the forum for me to do so, so your getting face to face advice is the best thing.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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