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No longer can claim ESA after 1 year

  • P4melaB
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8 years 1 month ago #154608 by P4melaB
No longer can claim ESA after 1 year was created by P4melaB
I have received my letter saying I can no longer claim ESA after 1 year and have been told by everyone I have spoken to on ESA DWP I will either have to claim Income related ESA or will have to claim pension credits off my husband.
I have since received a letter saying I cannot claim ESA only my contributions will be paid depending on a assessment.
I have never felt so vunerable in my life.
I have long term medical problems and feel as if I have been kicked into touch and have to depend on someone else to claim benefits for me, How can this be done????
Please can someone tell me if I can appeal or anything because nobodys giving me any answers on DWP
Thanks In advance if you can help
P4m xx

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8 years 1 month ago #154610 by slugsta
Replied by slugsta on topic No longer can claim ESA after 1 year
Hello and Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

Yes, this was brought in several years ago. People on contributory ESA will only be paid for 365 days if not in the Support Group. After that you can either claim income-related ESA (if your joint income/assets are low enough and your partner works for 24 hours or less) or remain on ESA to gain NI credits towards your State Retirement Pension only. You will be subject to periodic reassessments and payment would recommence if you were allocated to the Support Group at any stage in the future.

12 Month Limit for ESA(CB)

How often will I be reviewed

I'm afraid this is enacted in law so there is no way of appealing it.

If payment has ceased then it is likely that more than 13 months have past since the decision was made to allocate you to the WRAG. If you are just under this then you can consider asking for a mandatory reconsideration, with a view to appealing, but you would have to show 'good cause' for the request being so late. DWP could only consider your situation as it was when the decision was made, they would not be able to take into account any subsequent deterioration.

If you can show that your condition has worsened since the decision was made, such that you would now meet at least one of the Support Group descriptors, you can contact DWP and ask for a 'supersession'. This would trigger a reassessment complete with new ESA50 form and possibly a face 2 face appointment.

Qualifying for the Support Group

If neither of these alternatives apply to you then I'm afraid you have 2 choices - to continue receiving NI credits and hope that you get into the Support Group at some stage in the future (you will not have to undertake Work Focussed Activities now that you are not being paid) or you could formally close your claim. This would free you from reassessments but it could impact on your State Retirement Pension and it is unlikely that you could claim ESA in future unless you were able to undertake several years of paid work first or your joint income/savings fell.

You should Bookmark/Favourite this page in your Internet Browser now.

That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.

See : This Topic also !

Thanks in anticipation of your future co-operation in keeping all your ESA related queries to this topic ! :)

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  • P4melaB
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8 years 1 month ago #154720 by P4melaB
Replied by P4melaB on topic No longer can claim ESA after 1 year
Thank you for your help,
I have put a letter in asking for a super session and an appeal to put into a support group.
My ESA advisor in the local Jobcentre plus said,
My contributions have run out, and nothing would change about that., I told her I had an appeal letter to hand in and to be put into a support group and my health has changed as well, but she said it didn't make any difference , Ahe said it would either be income related or pension credits I wuld be put on, and my 12 months are not up until 5/4/16 so hopefully I might have a chance of something but I am not holding my breath

I have never felt so helpless in my life because I don't understand what is happening regarding ESA , and I really don't like it.

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  • P4melaB
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8 years 1 month ago #154733 by P4melaB
Replied by P4melaB on topic No longer can claim ESA after 1 year
Thank you for your quick replay,
I have written an appeal letter to be put into a support group and that things have changed,

My date is 5/4/16 my ESA ends.

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8 years 1 month ago #154736 by Gordon
Replied by Gordon on topic No longer can claim ESA after 1 year

P4melaB wrote: Thank you for your help,
I have put a letter in asking for a super session and an appeal to put into a support group.
My ESA advisor in the local Jobcentre plus said,
My contributions have run out, and nothing would change about that., I told her I had an appeal letter to hand in and to be put into a support group and my health has changed as well, but she said it didn't make any difference , Ahe said it would either be income related or pension credits I wuld be put on, and my 12 months are not up until 5/4/16 so hopefully I might have a chance of something but I am not holding my breath

I have never felt so helpless in my life because I don't understand what is happening regarding ESA , and I really don't like it.


I'll be generous and say that your advisor is a little confused over your options.

You say you have asked for a Supersession, this means that you have asked to be re-assessed based on your conditions as they are now, this will take some time to be processed and will result in a new ESA50 and a face to face assessment and while you remain in the WRAG you will be subject to the 365 day rule. There is nothing that you can do to prevent this.

When the 365 days expire you should be financially assessed for Income Related ESA, you may need to chase this as the DWP have a habit of forgetting that claimants are entitled to this.

If you are eligible for ESA(IR) then you will continue to be subject to WFIs and WRA and you may be forwarded to the Work Programme.

If you are not then you will continue to receive NI Credits that count towards a full State Pension but not payments, the good news Is that any requirement for you to attend WFIs or participate in WRA will cease.

If you are placed in the SG as a result of your re-assessment then your ESA(CB) will be re-instated and you should receive back payments from the date of your letter.

Gordon

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