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ESA WRAG - from contributory to income related?
- boadicea
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10 years 1 week ago - 10 years 1 week ago #120188 by boadicea
ESA WRAG - from contributory to income related? was created by boadicea
I have a friend who needs benefit advice and I would really appreciate your guidance, please.
She was migrated from long term IB to ESA(CB) WRAG in June 2013 and has just received the letter saying that her benefit will stop in June (365 days). She was too ill to appeal the WRAG decision last year.
Her husband is in receipt of ESA (Support Group) and DLA. They have no other income or savings.
She seems to have been told that she will have to wait a few months and then start a new ESA claim. But I’m wondering whether she would be entitled to Income-related ESA. If so, would she need to complete an ESA3 form? There doesn’t seem to be one online, so I assume you need to phone to get this.
If she is entitled to Income Related ESA, would her ESA WRAG benefit continue, without needing to complete another ESA50 or be reassessed?
She’s not well enough to cope with asking for a review/supersession to try to gain access to SG.
Many thanks for all the help and assistance you wonderful folk give us. It’s much appreciated.
She was migrated from long term IB to ESA(CB) WRAG in June 2013 and has just received the letter saying that her benefit will stop in June (365 days). She was too ill to appeal the WRAG decision last year.
Her husband is in receipt of ESA (Support Group) and DLA. They have no other income or savings.
She seems to have been told that she will have to wait a few months and then start a new ESA claim. But I’m wondering whether she would be entitled to Income-related ESA. If so, would she need to complete an ESA3 form? There doesn’t seem to be one online, so I assume you need to phone to get this.
If she is entitled to Income Related ESA, would her ESA WRAG benefit continue, without needing to complete another ESA50 or be reassessed?
She’s not well enough to cope with asking for a review/supersession to try to gain access to SG.
Many thanks for all the help and assistance you wonderful folk give us. It’s much appreciated.
Last edit: 10 years 1 week ago by Gordon.
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- Gordon
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10 years 1 week ago - 10 years 1 week ago #120190 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA WRAG - from contributory to income related?
boadicea
Ideally they should get face to face advice before proceeding, but at the least they need to use one of the online benefit calculators to see what is the most advantageous way for them to make a claim for ESA(IR).
If she was previously on IB then she will not have any NI Contributions to make a new claim for ESA(CB) when her current claim is time limited.
You don't say whether the husband is receiving ESA(CB) or ESA(IR), this will effect the decision. If he is receiving ESA(CB) then it may be more advantageous for him to make the ESA(IR) claim as a top-up to his existing payments. Obviously if he is already receiving ESA(IR), either in part or in whole, then she is already included in his claim and cannot make one in her own right.
If ESA(IR) is not already in payment then I would expect that they will need to complete an ESA3, these can be ordered from the DWP.
The issuing of an ESA3 should not result in a re-assessment, and as re-assessments ordered by the DWP are suspended at the moment, I think it unlikely that she will receive a new ESA50 by coincidence, at least in the short to mid term. If she is moved onto her husbands claim, then there will be no requirement for to be re-assessed, but she may need to attend a WFI every couple of years.
Gordon
Ideally they should get face to face advice before proceeding, but at the least they need to use one of the online benefit calculators to see what is the most advantageous way for them to make a claim for ESA(IR).
If she was previously on IB then she will not have any NI Contributions to make a new claim for ESA(CB) when her current claim is time limited.
You don't say whether the husband is receiving ESA(CB) or ESA(IR), this will effect the decision. If he is receiving ESA(CB) then it may be more advantageous for him to make the ESA(IR) claim as a top-up to his existing payments. Obviously if he is already receiving ESA(IR), either in part or in whole, then she is already included in his claim and cannot make one in her own right.
If ESA(IR) is not already in payment then I would expect that they will need to complete an ESA3, these can be ordered from the DWP.
The issuing of an ESA3 should not result in a re-assessment, and as re-assessments ordered by the DWP are suspended at the moment, I think it unlikely that she will receive a new ESA50 by coincidence, at least in the short to mid term. If she is moved onto her husbands claim, then there will be no requirement for to be re-assessed, but she may need to attend a WFI every couple of years.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 1 week ago by Gordon.
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