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My CB ESA ending this month
- mrjones
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10 years 1 month ago #132539 by mrjones
My CB ESA ending this month was created by mrjones
My award is ending what do I do. My partner earns slightly over £113 per week P/T so do I still apply for IR ESA. I have requested a mandatory reconsideration under the worsening effect rule for the support group. If I don't get a decision by the end of April which I think is unlikely because they have just received my request I will be left with no benefit at all other than my pip. Or am I expected to sign on for JSA and look for work. I Should also say that during the whole year I have only been contacted by the JC once and had a 20 minute interview over the phone about 2 weeks after receiving the award and placed in the wrag group.
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- Gordon
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10 years 1 month ago - 10 years 1 month ago #132541 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic My CB ESA ending this month
Mr Jones
Although your ESA will be significantly reduced as your partner's earnings will be deducted £ for £, based on your post, I would still expect you to be entitled to some ESA(IR). If you have not already received one, you need to request an ESA3 from the DWP in order to check your eligibility for ESA(IR).
I am afraid you cannot request a Mandatory Reconsideration if your conditions have deteriorated, an MR can only look at the previous Decision on your claim and how you were at that time. You need to ask the DWP to be re-assessed on the basis of a deteriorated condition, this will result in a new ESA50 and likely a face to face assessment. Obviously you will need to show that you meet one of the Support Group Descriptors.
If you are not eligible for ESA(IR) then I would not expect you to be eligible for JSA(IR) either, you may be eligible for JSA(CB) depending on your NI Contribution history, this is only payable for 26 weeks. However you need to be aware that claiming JSA will break the link to your current ESA claim, even though your ESA(CB) might stop you will still receive NI Credits that count towards a full State Pension and you retain the right to be re-assessed for the SG, which if successful will re-instated your ESA(CB) payments.
Gordon
Although your ESA will be significantly reduced as your partner's earnings will be deducted £ for £, based on your post, I would still expect you to be entitled to some ESA(IR). If you have not already received one, you need to request an ESA3 from the DWP in order to check your eligibility for ESA(IR).
I am afraid you cannot request a Mandatory Reconsideration if your conditions have deteriorated, an MR can only look at the previous Decision on your claim and how you were at that time. You need to ask the DWP to be re-assessed on the basis of a deteriorated condition, this will result in a new ESA50 and likely a face to face assessment. Obviously you will need to show that you meet one of the Support Group Descriptors.
If you are not eligible for ESA(IR) then I would not expect you to be eligible for JSA(IR) either, you may be eligible for JSA(CB) depending on your NI Contribution history, this is only payable for 26 weeks. However you need to be aware that claiming JSA will break the link to your current ESA claim, even though your ESA(CB) might stop you will still receive NI Credits that count towards a full State Pension and you retain the right to be re-assessed for the SG, which if successful will re-instated your ESA(CB) payments.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 1 month ago by Gordon.
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