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esa finishing after 1 year what to do
- jmach
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8 years 10 months ago #136382 by jmach
esa finishing after 1 year what to do was created by jmach
Hi there this is my 1st post and wondered if anyone could help me as I am totally lost ! I have been in the work related ESA group for a year I have a letter from DWP stating that I am not due to be re assed till January next year ,but I got a call to say my benefits will end on the 1st august. They said I am not allowed to claim again for 12 weeks and I don't know how I will manage with without any money.
I am awaiting my 2nd total knee replacement and have a heart condition what do you think will happen or can I do anything now please? The lady on the phone said my NI contributions have finished for last year but I have worked self employed for the last 45 years and paid .My wife works full time but the money she earns only just pays our mortgage and council tax etc, Many thanks .
I am awaiting my 2nd total knee replacement and have a heart condition what do you think will happen or can I do anything now please? The lady on the phone said my NI contributions have finished for last year but I have worked self employed for the last 45 years and paid .My wife works full time but the money she earns only just pays our mortgage and council tax etc, Many thanks .
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8 years 10 months ago #136408 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic esa finishing after 1 year what to do
jmach
It sounds as if you are currently receiving Contribution Based ESA and you are in the WRAG, this being the case then your payments of SA(CB) are limited to 365 days. See
12 Month Limit for ESA(CB)
If you are eligible for Income Related ESA then you will be transferred and continue to receive payment.
Eligibility for ESA(IR) is dependant on your household income, assets and savings and any hours that a partner works.
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
If you think that you will be eligible for ESA(IR) then you should request an ESA3 form from the DWP office dealing with your claim so that they can assess you for eligibility.
If you are not eligible for ESA(IR) then as long as you continue to Limited Capability for Work, which you currently do, then you will receive NI Credits which count towards a full State Pension and if you at any time meet the criteria for the Support Group, then you can ask to be re-assessed, if successful then your ESA(CB) will be re-instated.
Gordon
It sounds as if you are currently receiving Contribution Based ESA and you are in the WRAG, this being the case then your payments of SA(CB) are limited to 365 days. See
12 Month Limit for ESA(CB)
If you are eligible for Income Related ESA then you will be transferred and continue to receive payment.
Eligibility for ESA(IR) is dependant on your household income, assets and savings and any hours that a partner works.
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
If you think that you will be eligible for ESA(IR) then you should request an ESA3 form from the DWP office dealing with your claim so that they can assess you for eligibility.
If you are not eligible for ESA(IR) then as long as you continue to Limited Capability for Work, which you currently do, then you will receive NI Credits which count towards a full State Pension and if you at any time meet the criteria for the Support Group, then you can ask to be re-assessed, if successful then your ESA(CB) will be re-instated.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: jmach, dennygilly
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8 years 10 months ago #136531 by jmach
Replied by jmach on topic esa finishing after 1 year what to do
Thank you for your fast reply please could you tell me what form I need to be reassessed for the support group for ESA please.
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- Gordon
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8 years 10 months ago #136542 by Gordon
In order to be re-assessed for the Support Group you must first show that you meet one or more of the SG Descriptors and be able to show that this is the result of a change that has occurred since you were last assessed with the support of medical evidence.
Have a look at the ESA Claim guides for the SG Descriptors
www.benefitsandwork.co.uk/help-for-claimants/esa1
If you believe that you meet the SG requirements then you need to write to the DWP that deals with your ESA claim and ask to be re-assessed due to a deteriorated condition.
They should then send you a new ESA50 to complete and you will likely need to have a new face to face.
Until you are placed in the Support Group the 365 days rule still applies and your payments will stop as previously advised, if successful then your payments should be back dated to the date of your letter.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic esa finishing after 1 year what to do
jmach wrote: Thank you for your fast reply please could you tell me what form I need to be reassessed for the support group for ESA please.
In order to be re-assessed for the Support Group you must first show that you meet one or more of the SG Descriptors and be able to show that this is the result of a change that has occurred since you were last assessed with the support of medical evidence.
Have a look at the ESA Claim guides for the SG Descriptors
www.benefitsandwork.co.uk/help-for-claimants/esa1
If you believe that you meet the SG requirements then you need to write to the DWP that deals with your ESA claim and ask to be re-assessed due to a deteriorated condition.
They should then send you a new ESA50 to complete and you will likely need to have a new face to face.
Until you are placed in the Support Group the 365 days rule still applies and your payments will stop as previously advised, if successful then your payments should be back dated to the date of your letter.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: jmach
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