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ESA support group/income related?
- Debs424
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10 years 1 week ago - 10 years 1 week ago #120197 by Debs424
ESA support group/income related? was created by Debs424
Can you help please.
After several years receiving IB, was migrated to WRAG, appealed, it took a year, placed in support group at tribunal. Now thought back pay would be in bank, phoned DWP, only to be told that I would not receive any more money because my husband works more than 24 hours per week. They told me I was now in the income related group. I worked full time for several years before I was ill.
Is this right? I am devastated.
After several years receiving IB, was migrated to WRAG, appealed, it took a year, placed in support group at tribunal. Now thought back pay would be in bank, phoned DWP, only to be told that I would not receive any more money because my husband works more than 24 hours per week. They told me I was now in the income related group. I worked full time for several years before I was ill.
Is this right? I am devastated.
Last edit: 10 years 1 week ago by slugsta.
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10 years 1 week ago #120201 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic ESA support group/income related?
Hi Debs,
No, that is not right!
If you were on IB due to previous NI contributions then you should have been transferred to contributary ESA. Payment is time-limited to 365 days for those in the WRAG. However, the tribunal put you into the Support Group and this would be backdated to the intial decision, affectively 'resetting' the clock as if you had not been in the WRAG at all.
It would be worth phoning DWP again and asking to speak to a supervisor. This would entail a call-back and is the only way you can speak to someone more senior.
Please let us know what transpires, you can come back and post on this topic/thread so that everything is kept in one place.
No, that is not right!
If you were on IB due to previous NI contributions then you should have been transferred to contributary ESA. Payment is time-limited to 365 days for those in the WRAG. However, the tribunal put you into the Support Group and this would be backdated to the intial decision, affectively 'resetting' the clock as if you had not been in the WRAG at all.
It would be worth phoning DWP again and asking to speak to a supervisor. This would entail a call-back and is the only way you can speak to someone more senior.
Please let us know what transpires, you can come back and post on this topic/thread so that everything is kept in one place.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Debs424
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10 years 1 week ago - 10 years 1 week ago #120260 by Debs424
Replied by Debs424 on topic ESA support group/income related?
Thank you so much for your response.
I spoke to DWP again today, a supervisor, as you advised. They have now told me that they haven't yet had the letter from the court. They also said that the paperwork has to go back to the initial decision maker for them to look at before they can say for certain if I am in the support group.
I questioned the information I was given yesterday and I was told that based on my NI contributions it will not be earnings related and they can see no reason why I shouldn't receive it.
I am still confused. I thought that being in the support group ensured that you were not means
tested.
Worryingly he also told me that 'eventually' all ESA will be means tested. This has again concerned me.
Is this common knowledge?
I spoke to DWP again today, a supervisor, as you advised. They have now told me that they haven't yet had the letter from the court. They also said that the paperwork has to go back to the initial decision maker for them to look at before they can say for certain if I am in the support group.
I questioned the information I was given yesterday and I was told that based on my NI contributions it will not be earnings related and they can see no reason why I shouldn't receive it.
I am still confused. I thought that being in the support group ensured that you were not means
tested.
Worryingly he also told me that 'eventually' all ESA will be means tested. This has again concerned me.
Is this common knowledge?
Last edit: 10 years 1 week ago by Gordon.
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10 years 1 week ago #120262 by Gordon
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Replied by Gordon on topic ESA support group/income related?
Debs
I am afraid they are still talking rubbish, less rubbish than before, but still rubbish.
It's not the group that determines whether your ESA is means tested or not, it is your NI Contribution history. For someone who was transferred from IB it is a bit complicated, but basically as you originally had sufficient NICs to qualify for IB and your ESA award is classed as a continuation of that claim you are classed as meeting the NIC requirements for ESA(CB).
The Government might have plans to make ESA completely means tested, but if they have they haven't told anybody about it, and certainly not a supervisor in the DWP. Such a change would require major changes to the ESA legislation and there is no time for this to be done in the current parliament.
It usually takes about 6-8 weeks for a Tribunal Decision to be processed by the DWP, you might be able to speed this up by faxing a copy of the Notice to the DWP department that deals with this, you will need to contact them for the number.
Gordon
I am afraid they are still talking rubbish, less rubbish than before, but still rubbish.
It's not the group that determines whether your ESA is means tested or not, it is your NI Contribution history. For someone who was transferred from IB it is a bit complicated, but basically as you originally had sufficient NICs to qualify for IB and your ESA award is classed as a continuation of that claim you are classed as meeting the NIC requirements for ESA(CB).
The Government might have plans to make ESA completely means tested, but if they have they haven't told anybody about it, and certainly not a supervisor in the DWP. Such a change would require major changes to the ESA legislation and there is no time for this to be done in the current parliament.
It usually takes about 6-8 weeks for a Tribunal Decision to be processed by the DWP, you might be able to speed this up by faxing a copy of the Notice to the DWP department that deals with this, you will need to contact them for the number.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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