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ESA support group means tested?
- bikerdave5
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5 years 6 months ago #221941 by bikerdave5
ESA support group means tested? was created by bikerdave5
In 2013 I was in ESA support group after having used up my contributory ESA. I received a financial legacy that took me over capital limits and ended up having to repay benefits to W and P.
I am now going to reapply for contributory ESA after a 4 years in supported work and now having lost my job due to incapability, and have looked on gov web site and it seems from that that once you are in support group for ESA it is not means tested. Is this correct and if so could i ask for a repayment
I am now going to reapply for contributory ESA after a 4 years in supported work and now having lost my job due to incapability, and have looked on gov web site and it seems from that that once you are in support group for ESA it is not means tested. Is this correct and if so could i ask for a repayment
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- Gordon
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5 years 6 months ago #221985 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA support group means tested?
D
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
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
It is not the Support Group that is not means tested but the type of ESA that you are receiving, so Contribution Based ESA is not means tested although pension income can reduce it, Income Related ESA is means tested.
There is a 365 day limit to the payment of ESA(CB) if the claimant is not in the SG, time spent in the SG does not count against the 365 days.
Your post suggests that you were originally in the Support Group receiving ESA(CB) if this is correct then any inheritance should not have affected your ESA!
it is possible to be receiving ESA(CB) with an ESA(IR) top-up in which case the latter would have been affected but not the former.
Are you sure that you were receiving ESA(CB) only?
If you are then I would get face to face advice from a trained Welfare Rights advisor, you may be able to request an AnyTime Revision of the 2013 Decision but you will need help doing this, something that we cannot provide from the forum. Do an internet search for "welfare advice" with your postcode, town or county.
Gordon
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
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
It is not the Support Group that is not means tested but the type of ESA that you are receiving, so Contribution Based ESA is not means tested although pension income can reduce it, Income Related ESA is means tested.
There is a 365 day limit to the payment of ESA(CB) if the claimant is not in the SG, time spent in the SG does not count against the 365 days.
Your post suggests that you were originally in the Support Group receiving ESA(CB) if this is correct then any inheritance should not have affected your ESA!
it is possible to be receiving ESA(CB) with an ESA(IR) top-up in which case the latter would have been affected but not the former.
Are you sure that you were receiving ESA(CB) only?
If you are then I would get face to face advice from a trained Welfare Rights advisor, you may be able to request an AnyTime Revision of the 2013 Decision but you will need help doing this, something that we cannot provide from the forum. Do an internet search for "welfare advice" with your postcode, town or county.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- bikerdave5
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5 years 6 months ago #222023 by bikerdave5
Replied by bikerdave5 on topic ESA support group means tested?
thanks gorden. I have changed my name setting (I hope). In 2011 I started on ESA which I presume was CB as i had been working 20 years plus. Nothing happened at the end of a year as I recall and i continued to receive it. I then got the legacy taking me over capital limits and it was sometime later I realised that perhaps I should not be getting it. So I contacted ESA and had to repay some money. From your info I realise that at the end of a year my new claim for ESA will be means tested and ended. I presume they will let me know this time.
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- Gordon
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5 years 6 months ago #222029 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA support group means tested?
daverags
Just to confirm, your ESA(CB) would only be limited to 365 days if you are not placed in the SG.
To make a new claim for ESA(CB) you will need to have received a minimum of 50 weeks of NI Contributions in both of the Tax Years 2015-16 and 2016-17.
Gordon
Just to confirm, your ESA(CB) would only be limited to 365 days if you are not placed in the SG.
To make a new claim for ESA(CB) you will need to have received a minimum of 50 weeks of NI Contributions in both of the Tax Years 2015-16 and 2016-17.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- bikerdave5
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5 years 5 months ago #223569 by bikerdave5
Replied by bikerdave5 on topic ESA support group means tested?
sorry for delay getting back. I was put in the support group when originally applied for ESA (CB) on 2011 for mental health reasons, and remained in it thereafter. I do not recall being asked about my savings after 365 days but I cant be sure about that. When I got my legacy taking my savings to over 16000 some years after the end of the 365 day period it did not click to inform benefits people and when 18 months later I did, I had to repay benefit. Am still confused about time spent in support group not counting towards the 365 day. If that is correct then i would remain on CB and not be means tested
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- Gordon
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5 years 5 months ago #223582 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA support group means tested?
daverags
If you are adamant that your original claim was for ESA(CB) only that you were not moved out of the SG at any point during your claim then your savings should not have had any effect on your ESA payments.
All I can suggest is that you try and get face to face advice from a trained advisor but you will need to retrieve all of the information in regard to your original ESA claim so they can go through it to see what has happened.
Gordon
If you are adamant that your original claim was for ESA(CB) only that you were not moved out of the SG at any point during your claim then your savings should not have had any effect on your ESA payments.
All I can suggest is that you try and get face to face advice from a trained advisor but you will need to retrieve all of the information in regard to your original ESA claim so they can go through it to see what has happened.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: bikerdave5
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