Cont based ESA running out

Hi
I wonder if I can bother you kind folks again.

My hubby doesn't have the date for his tribunal hearing yet however his contribution based ESA will run out the middle of next month. If the tribunal is after the date where his ESA runs out and if he is lucky enough to be put into the support group will he go back onto the count based ESA.

He will not get income related ESA as he won't qualify. We were silly enough to save up and put the money for our Funerals into ISAs instead of buying funeral plans so that along with my small pension stops him being entitled to income based.

Thanks as always

Thank you so much Gordon, I appreciate the reply. Just to make sure that I'm clear when explaining this to hubby.

1. If his appeal is successful and he is put into the support group then he will get contribution based ESA from the date that we appealed against the decision to place him in the WRAG group

Does this mean he will get the higher rate from the appeal date until his benefit runs out next month?

Sorry for not quite understanding the next part but does that mean that if placed in the support group he would get another year of ESA contribution based?

Apologies if I have got the wrong idea.

Ariadne wrote: Thank you so much Gordon, I appreciate the reply. Just to make sure that I'm clear when explaining this to hubby.

1. If his appeal is successful and he is put into the support group then he will get contribution based ESA from the date that we appealed against the decision to place him in the WRAG group

Does this mean he will get the higher rate from the appeal date until his benefit runs out next month?

Sorry for not quite understanding the next part but does that mean that if placed in the support group he would get another year of ESA contribution based?

Apologies if I have got the wrong idea.

Hi A,

If the appeal is successful, as it would be a "re-making" of the original adverse WRAG decision, any monies owed as a result of him being placed into The SG would be backdated to the date of the original WRAG award.

It would be as if he had never been in The WRAG at all. Therefore his 365 days entitlement to CB ESA "clock" would be reset to zero.

i.e. He would regain his full 365 days entitlement which could be used once more if placed into The WRAG at some future re-assessment.

He would continue to receive CB ESA for as long as he remained in The SG, there is no time limit whilst in The SG :

12 Month Limit for ESA(CB)

bro58

bro58 wrote:

Ariadne wrote: Thank you so much Gordon, I appreciate the reply. Just to make sure that I'm clear when explaining this to hubby.

1. If his appeal is successful and he is put into the support group then he will get contribution based ESA from the date that we appealed against the decision to place him in the WRAG group

Does this mean he will get the higher rate from the appeal date until his benefit runs out next month?

Sorry for not quite understanding the next part but does that mean that if placed in the support group he would get another year of ESA contribution based?

Apologies if I have got the wrong idea.

Hi A,

If the appeal is successful, as it would be a "re-making" of the original adverse WRAG decision, any monies owed as a result of him being placed into The SG would be backdated to the date of the original WRAG award.

It would be as if he had never been in The WRAG at all. Therefore his 365 days entitlement to CB ESA "clock" would be reset to zero.

i.e. He would regain his full 365 days entitlement which could be used once more if placed into The WRAG at some future re-assessment.

He would continue to receive CB ESA for as long as he remained in The SG, there is no time limit whilst in The SG :

12 Month Limit for ESA(CB)

bro58

Hi A,

Just too add,

If his 365 days entitlement to CB ESA expires before the appeal decision, his ESA payments would stop.

If successful CB ESA would be reinstated at The SG rate from the date that it ceased, and any other arrears owed from the date of the WRAG decision should be paid separately.

bro58

Thank you so very much Bro. That clarifies it beautifully.

Fingers crossed now we get our tribunal date quickly and that the judgement goes in his favour