Am I in the wrong ESA group

Hi,

I'm a new member to this site and I was recommended to join by a friend I met on a Pain Management course.

I was in receipt of ESA whilst awaiting an assessment from ATOS, this went on for just over a year, I then contacted my local MP who was able to get me seen by ATOS within a month.
I got awarded 0 points, I then went to appeal in January 2015 and got awarded the work-related activity component and received 15 points.

since that date I had lump sum payment and was then put into the Contribution based ESA.

I'm very confused by the different groups and I have been told that I cannot claim any money as I have already claimed the Contribution based ESA for a year. They now only pay my stamps for my NI.

Should I be in the Support group as I know that Contribution ESA can be paid for over a year in that group?

My wife has a part-time Job but works all the overtime she can so that we receive working families tax credits.

Please could someone give me some advice?

Many Thanks

Robert

smileybob wrote: Hi,

I'm a new member to this site and I was recommended to join by a friend I met on a Pain Management course.

I was in receipt of ESA whilst awaiting an assessment from ATOS, this went on for just over a year, I then contacted my local MP who was able to get me seen by ATOS within a month.
I got awarded 0 points, I then went to appeal in January 2015 and got awarded the work-related activity component and received 15 points.

since that date I had lump sum payment and was then put into the Contribution based ESA.

I'm very confused by the different groups and I have been told that I cannot claim any money as I have already claimed the Contribution based ESA for a year. They now only pay my stamps for my NI.

Should I be in the Support group as I know that Contribution ESA can be paid for over a year in that group?

My wife has a part-time Job but works all the overtime she can so that we receive working families tax credits.

Please could someone give me some advice?

Many Thanks

Robert

Hi sb,

Welcome to Benefits and Work

Unfortunately Contribution Based (CB) ESA can only be paid for 365 days whilst not in The Support Group. (SG)

i.e. If in receipt of CB ESA at The Assessment Rate, or CB ESA in The WRAG :

See : 12 Month Limit for ESA(CB)

From our : ESA FAQ’s

Once your CB ESA payments have ceased, you should be financially assessed using an ESA 3 Form ( Sample ESA 3 Form ) to see whether you can pass the means test with respect to capital, assets, savings, household income (which would include an Occupational Pension) and any hours worked by a partner/spouse for entitlement to payment of Income Related (IR) ESA.

See : Asset rule for ESA(IR)

If your partner works more than 24 hours/week you will not have any entitlement to payment of IR ESA : 24 hour work rule for ESA(IR)

If you can't qualify for payment of IR ESA, then I am afraid that you will continue with what is know as a CB ESA award paid at nil rate.

You will only receive NI Credits which will go towards your State Pension entitlement.

The only way that you could qualify for payment of CB ESA once more, would be to obtain the requisite number of NI Contributions from employment, or if you can show that your conditions have deteriorated or changed to such an extent that you now qualify for The SG, you can report a Change of Circumstances (C of C) to ESA, and request a review/supersession of your WRAG Award to be placed into The SG.

This request would need written confirmation from your G.P. that your condition/s have changed or deteriorated, and you would have to show how and why you now qualify for The SG.

If you were successful in being placed into The SG, payment of CB ESA would be reinstated from the date that you reported The C of C.

You would continue to receive CB ESA for as long as you remained in The SG.

This review would probably involve filling in a fresh ESA50 Questionnaire, and may or may not involve a face to face assessment.

You would have to make a written request for a review to the address on the most recent ESA letter that you have : Sending Documents to the DWP.

See also : ESA Claims Guides

Please reply to this post if you have any further queries.

You might want to Bookmark/Favourite this page in your browser so that you can find it again easily.

bro58

Many thanks for the detailed reply, I'm amazed at the speed and the amount of information you gave me
I will look into this further as I have got worse

What determines if you are put into the support group?

smileybob wrote: Many thanks for the detailed reply, I'm amazed at the speed and the amount of information you gave me
I will look into this further as I have got worse

What determines if you are put into the support group?

Hi sb,

No problem !!

To qualify for The SG, you must either fulfil at least one of : The Functional SG (LCWRA)Schedule 3 Descriptors.

Or, if you cannot fulfil at least one, any one of those, via : ESA Reg 35 for entry to The SG. (LCWRA)

See : Qualifying for the Support Group

How to qualify for The SG is described in depth in our : ESA Claims Guides 3rd & 4th links down the page which ever is applicable to your "health condition/s".

bro58

hi bro58,


I think I would be considered as having a bodily disablement, would this should qualify me:

I have fibromyalgia and have chronic pain and discomfort especially in my lower back, I have an old injury, I broke my L3 vertebrae (a compressed fracture). This old injury is now extremely painful due to my fibromyalgia.
Sitting, walking and standing are all extremely painful along with bending and carrying.
The longer I do any of those activities and the more I repeat them the worse it gets. I spend a lot of time lying down as this causes me the least amount of pain, although I then start to cease up if I don't move around every now and then.

Do you think this will qualify for the Support group?
If so will this link also help:

dwpexamination.org/forum/general-discuss...itis-of-lower-spine/

And Search for CE/1839/2010 [2011] UKUT 75 (AAC):

Many, Many thanks for your valued help and support

Robert