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ESA contributions based stopping after 365 days
- Jellybeans49
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5 years 3 months ago #242803 by Jellybeans49
ESA contributions based stopping after 365 days was created by Jellybeans49
Hi could you help me? I was on ESA conts based support group until last year when DWP stopped it. I went through mandatory reconsideration and was awarded the ESA conts based but taken out of the support group.
I've now had a letter saying my money is now stopping after 365 days. It says I can try claiming income based ESA but I think my husband's wage will exceed this.
I am not fit for work due to many health issues which cause me constant pain and prevent me from sitting upright in a chair, walking, standing or sitting for a few minutes at a time. I'm on several types of medication including morphine. The letter isn't very clear about what I should do. Should I appeal this decision via a mandatory reconsideration or go to my doctors for a full medical report? I did the ESA test on here and it seems I should still be in the support group and my condition has not changed from when I originally was put in there. If anything I've now got other health issues which are affected my health.
I don't want to go about this without following the correct procedures. If you could give me some advice as to how to proceed I'd be really grateful. Thank you Marina
I've now had a letter saying my money is now stopping after 365 days. It says I can try claiming income based ESA but I think my husband's wage will exceed this.
I am not fit for work due to many health issues which cause me constant pain and prevent me from sitting upright in a chair, walking, standing or sitting for a few minutes at a time. I'm on several types of medication including morphine. The letter isn't very clear about what I should do. Should I appeal this decision via a mandatory reconsideration or go to my doctors for a full medical report? I did the ESA test on here and it seems I should still be in the support group and my condition has not changed from when I originally was put in there. If anything I've now got other health issues which are affected my health.
I don't want to go about this without following the correct procedures. If you could give me some advice as to how to proceed I'd be really grateful. Thank you Marina
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- Gordon
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5 years 3 months ago #242811 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA contributions based stopping after 365 days
M
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?
I'm afraid you have limited right of appeal against the 365 day rule basically there are two options;
1. You argue that you are in the SG and the rule does not apply.
2. You argue that you have not spent 365 days outside of the SG.
I'm afraid I have not seen a single example where the DWP has got these details wrong.
For uninterrupted payments of your ESA you can ask to be assessed for Income Related ESA. ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset and savings rule for ESA(IR)
24 hour work rule for ESA(IR)
If you are not eligible for ESA(IR), then your ESA(CB) can only be re-instated if you are placed into the Support Group or you are able to re-meet the Contribution conditions for ESA(CB).
The ESA(IR) rate is higher than your current ESA(CB) but even if you are entitled to ESA(IR), your husband's wages will be deducted you will likely be worse off.
If you believe that you can reasonably show that you met the criteria for the SG when the MR placed you in the WRAG then you can request an appeal against that Decision but you will need to be quick as there is an absolute limit of 13 months to make the appeal and you will also need to explain why the request is Late. If successful then the SG rate will be backdated to the date of the original Fit for Work Decision and you will recover the 365 days.
If you feel that you have a better chance of showing that you meet the SG criteria then you can report a Change, this needs to be done in writing to the DWP office dealing with your ESA. Reporting a Change will result in a full reassessment of your claim, a new ESA50 and almost certainly a face to face assessment. If successful then the SG rate will be backdated to the date of your letter, you would retain any remaining days of the 365.
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?
I'm afraid you have limited right of appeal against the 365 day rule basically there are two options;
1. You argue that you are in the SG and the rule does not apply.
2. You argue that you have not spent 365 days outside of the SG.
I'm afraid I have not seen a single example where the DWP has got these details wrong.
For uninterrupted payments of your ESA you can ask to be assessed for Income Related ESA. ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset and savings rule for ESA(IR)
24 hour work rule for ESA(IR)
If you are not eligible for ESA(IR), then your ESA(CB) can only be re-instated if you are placed into the Support Group or you are able to re-meet the Contribution conditions for ESA(CB).
The ESA(IR) rate is higher than your current ESA(CB) but even if you are entitled to ESA(IR), your husband's wages will be deducted you will likely be worse off.
If you believe that you can reasonably show that you met the criteria for the SG when the MR placed you in the WRAG then you can request an appeal against that Decision but you will need to be quick as there is an absolute limit of 13 months to make the appeal and you will also need to explain why the request is Late. If successful then the SG rate will be backdated to the date of the original Fit for Work Decision and you will recover the 365 days.
If you feel that you have a better chance of showing that you meet the SG criteria then you can report a Change, this needs to be done in writing to the DWP office dealing with your ESA. Reporting a Change will result in a full reassessment of your claim, a new ESA50 and almost certainly a face to face assessment. If successful then the SG rate will be backdated to the date of your letter, you would retain any remaining days of the 365.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jellybeans49
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