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ESA - problems??

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7 years 1 month ago #209945 by Gill
ESA - problems?? was created by Gill
Hi
Sorry to be asking you again regarding the same subject matter but I am quite confused:
I have was allocated ESA - Support Group approx 2009 - not quite sure of the year. i have remained in ESA - support group since.
I recently split with my partner and claimed ESA - Contribution based.
I received a letter that stated that I was in the Work related activites group of ESA. Which us clearly wrong.
In the same letter quote, "From the 27th October 2017 your ESA will be £102.15 a week". And, quote, "This is because you will have reached th maximum of 365 days that you can get contibution-based ESA". And quote, "We have used the tax years ending 5 April 2007 and 5th April 2008 to access your claim".
However, I read recently read that quote, "If you are recieving contribution ESA it can be paid indefinately (unlike the work related group?) as long as you continue to satisfy the qualification rules and you remain in the support group". And, quote, "Main phase after 13 weeks you will get the Support Component allowance", And, "unless you have been put in the support group (as against the working assessment group) payment is limited for contributionary ESA". - Meaning if you are not in the support group and are in the working related assessment group contributory ESA is limited.
Where the law states, "ESA can be paid indefinately.." with reference to ESA support group contribution based.....how does this stated criteria work? There are two criteria's you have to fulfil: How can you be payed indefinetly if you do not have the NI payments from employment? How does this affect a person who had been credited with NI contributions?

it is the wording "indefinately" and the 365 day rule for claiming contribution based ESA along with the 13 weeks main phase statment that confuses me.
Thankyou for your support.

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7 years 1 month ago #209995 by Gordon
Replied by Gordon on topic ESA - problems??
Gill

Forgive me but I am struggling to piece together your situation.

In a previous post you indciated that you were receiveing Income Related ESA and that this stopped when you reconciled with your husband, did it completely stop or were you still receiving some ESA?

When you say that your ESA stopped did payments cease or did you close your claim?

I am sorry but I have to ask, are you sure that you were/are in the Support Group.

It's perfectly possible that the DWP have made a mistake but without a proper understanding of your situation I can't say.

Gordon

Gordon

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7 years 1 month ago #210066 by Gill
Replied by Gill on topic ESA - problems??
Hi Gordon,
I know my situation is difficult and hard to follow: I am sorry for that:
However, we are getting there !!
I am going to reply to you via your paragraphs in chronological order;

1) In my previous post to you I stated that I initially recieving ESA Contibutionaly rate. (I have alread stated the tax years that were being used for this). This was my self and partner (not husband) split up.
2) I then got a letter from "Job Centre Plus" stating that my claim will change to ESA income related because apparentely my contribution (NI) had reached the 365 days.
3) I got this letter in Jan 2018. I am still getting money from ESA but income related.
4) My partner has been back home one week.
5) Yes I am in the Support Group.
6) As I stated in my last email to you - I have been in the Support Group since approx 2008.
7) If I was in the Work related group I would have recieve the notifications that are clearly stated in the regulations of the Work related Group ESA.
8) I have never recieved anything since 2008.
9) In this letter it states that I am in the Work - Related group of ESA, hense, this information.

Should I not still be receiving ESA Contribution allowance - given that I have always remained within this group?
I need to contact DWP asap - because my partner is now with me. But I needed your advice first.
Gill

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7 years 1 month ago #210075 by Gordon
Replied by Gordon on topic ESA - problems??
Gill

Here is the problem, the letters that you refer to indicate that the DWP are treating you as not being in the Support Group and as a consequence they cannot pay you any ESA now that your husband has returned.

You say that you are in the SG.

One of you is wrong, so you need to contact the DWP office dealing with your claim and ask why they are treating you as being in the WRAG when you are in the SG and see what they say.

Gordon

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7 years 1 month ago #210133 by Gill
Replied by Gill on topic ESA - problems??
Hi,
Been to Job Centre plus today to find exactly what ESA group I am in. Was quite shocked to find that I had been put in the Work Related Group since 2014?? I really have no idea why. I have not received any notification that I can think of.
I have not been for any assessments. And more importantly DWP have never contacted me with any information regarding the protocol for ESA - Working Related Activity Group.
If I was supposed to be in ESA - Working Related Activity Group why have I not had any contacted regarding this protocol?? Gill

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7 years 1 month ago #210143 by Gordon
Replied by Gordon on topic ESA - problems??
Gill

Not everyone is invited to participate in Work Related Activity, certainly during the time that you were receiving Contribution Based ESA they would not have contacted you because at that time they would have no understanding of whether your ESA would cease or not.

I am guessing that there was also a period when you were not receiving any ESA payment, during this time you would not be required to perform WRA.

Gordon

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