ESA payment stopped

gma001 wrote: Hi bro58
Thank you for your helpful information which I will use.
I have managed to get a home visit from cab welfare officer set up for Thursday so hopefully will get plenty information in the post by the weekend.
I will keep you posted as it may help others in my position.
I am no stranger to Tribunals (3 in total, all won with success) to date and possibly number 4 looms ahead.
Appeals are normally for health issues.
Thank you.
Gma001

Hi g001,

Please do keep us updated.

It may seem a silly query, but are you sure that you have not been in The WRAG in receipt of CB ESA for the preceding 12 months, and your 365 day entitlement has been exhausted ?

bro58

Hi bro58
I did respond to your query but went missing in cyber space.
I am definitely in support group. 12/04/2012 with a Review date is 20/02/2015.
My last assessment under IB was late 2007 early 2008 result was 5 years with a review due in February 2013. I was transferred onto ESA a year early.
I may be able to detect that there is more than me confused or puzzled.
Thanks again.

gma001 wrote: Hi bro58
I did respond to your query but went missing in cyber space.
I am definitely in support group. 12/04/2012 with a Review date is 20/02/2015.
My last assessment under IB was late 2007 early 2008 result was 5 years with a review due in February 2013. I was transferred onto ESA a year early.
I may be able to detect that there is more than me confused or puzzled.
Thanks again.

Hi g001,

On the face of the information that you have provided, there does seem to be a DWP "cock up".

As it seems that you were in receipt of IB for at least 4/5 years before being successfully transferred to ESA, you must have had the necessary NI Credits.

As you were placed into The SG on transfer with a 3 years prognosis, and have not undergone a reassessment since that time, the 365 day entitlement rule for CB ESA is not applicable.

So you should continue to receive CB ESA in The SG for as long as you remain in The SG.

As you have not used any of your 365 days entitlement to CB ESA (not in The SG), you would still have this if you were placed into The WRAG at your next re-assessment.

Many claimants were migrated to ESA "early" with respect to their IB review date.

This fact is not relevant to your problem.

Cheers

bro58

Hi bro58
The strange thing in letter last week stopping payment as the assessment was based on my national insurance record. But on the same page they say (We will credit you with national insurance contributions whilst claiming ESA. Your circumstances mean you will qualify for Christmas bonus payment. This will be paid the first in December. The amount payable is £10.00.)
Since starting ESA I didn't get the Xmas bonus.
It appears to have something to with the date on the award letter ending Nov 28.2012. The start date being 12.04.2012.
Thanks again
Gma001

gma001 wrote: Hi bro58
The strange thing in letter last week stopping payment as the assessment was based on my national insurance record. But on the same page they say (We will credit you with national insurance contributions whilst claiming ESA. Your circumstances mean you will qualify for Christmas bonus payment. This will be paid the first in December. The amount payable is £10.00.)
Since starting ESA I didn't get the Xmas bonus.
It appears to have something to with the date on the award letter ending Nov 28.2012. The start date being 12.04.2012.
Thanks again
Gma001

Hi g001,

All CB ESA recipients are entitled to The Xmas Bonus, so if you have been in receipt of CB ESA in The SG, you should have been receiving it :

Christmas Bonus

The date that you mention "Nov 28 2012" is nothing to do with your ESA ceasing.

This date is used as a reference point with respect to payment of The Xmas Bonus, as The Xmas Bonus is paid to claimants from the next pay week, i.e. first pay week of December.

As I previously pointed out, this statement :

" (We will credit you with national insurance contributions whilst claiming ESA"

is generally seen when "Payment" of CB ESA has ceased, even though you may still be assessed as in the WRAG.

Even though "Payments" have ceased, you are still entitled to NI Credits.

These NI Credits will only go towards your State Pension entitlement.

Don't let yourself be sidetracked by this letter, stick to the arguments that I posed in my previous post when communicating with the DWP.

bro58

Hi bro58
Thanks for your help and advice which I value and will use.
I'll keep you posted.
Thanks
Gma001