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ESACB Ending 365 day limit
- Fuzzy
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2 years 5 months ago #265609 by Fuzzy
ESACB Ending 365 day limit was created by Fuzzy
Hello
I receive ESACB & I’ve had a letter to say it’s ending at the end of November because I’ve reached the 365 day limit. I’m still in the assessment phase & have not had a WCA. They didn’t send me the ESA50 until August, which I returned & have been told it has been received but since then nothing has happened.
Will my claim just close without me having the opportunity to be assessed? It doesn’t seem very fair.
The letter did say if I still send in medical certificates then I would receive National Insurance credits but it didn’t mention anything about the WCA.
It’s very confusing!
I receive ESACB & I’ve had a letter to say it’s ending at the end of November because I’ve reached the 365 day limit. I’m still in the assessment phase & have not had a WCA. They didn’t send me the ESA50 until August, which I returned & have been told it has been received but since then nothing has happened.
Will my claim just close without me having the opportunity to be assessed? It doesn’t seem very fair.
The letter did say if I still send in medical certificates then I would receive National Insurance credits but it didn’t mention anything about the WCA.
It’s very confusing!
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- Gary
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2 years 5 months ago #265656 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESACB Ending 365 day limit
Hi Fuzzy
Have you checked our WCA guides, if you have do you fit the criteria to be placed into LCWRA group.
There was a recent question asked in Parliament about claimants waiting for their assessment, it stated that claimants were going to be prioritised, I would contact DWP and ask the questions. When you say that you receive ESA CB are you talking about New Style ESA?
Usually you should be in the assessment phase for 13 weeks but we know that this can be a lot longer especially since Covid but it was taking much longer for some claimants before Covid.
In regards to your question will my claim close, it would depend on your circumstances, hence my question above asking if you applied for NS ESA.
Gary
Have you checked our WCA guides, if you have do you fit the criteria to be placed into LCWRA group.
There was a recent question asked in Parliament about claimants waiting for their assessment, it stated that claimants were going to be prioritised, I would contact DWP and ask the questions. When you say that you receive ESA CB are you talking about New Style ESA?
Usually you should be in the assessment phase for 13 weeks but we know that this can be a lot longer especially since Covid but it was taking much longer for some claimants before Covid.
In regards to your question will my claim close, it would depend on your circumstances, hence my question above asking if you applied for NS ESA.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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2 years 5 months ago #265660 by Fuzzy
Replied by Fuzzy on topic ESACB Ending 365 day limit
Thank you for your reply Gary.
When I claimed ESA last November I thought it was for New Style ESA but all the letters I’ve received say it’s Contribution Based ESA, so I’m a bit confused which one it is.
The letter I received about it ending also said to consider applying for ESA IR but I thought ESA IR was now UC? I don’t think I’d be able to qualify for it as my partner works full time.
I did use your WCA guides to help me with completing the ESA50. I did think I would satisfy the LCWRA criteria but who knows what DWP would think!
I had hoped even with the delays due to Covid that I would have had an assessment before the 365 days lapsed. But then I woke up!
Do you think they would consider looking at a PIP report? I was recently awarded enhanced rate for both daily living & mobility & although the criteria is different I didn’t know if it was worth me asking them?
Many Thanks
When I claimed ESA last November I thought it was for New Style ESA but all the letters I’ve received say it’s Contribution Based ESA, so I’m a bit confused which one it is.
The letter I received about it ending also said to consider applying for ESA IR but I thought ESA IR was now UC? I don’t think I’d be able to qualify for it as my partner works full time.
I did use your WCA guides to help me with completing the ESA50. I did think I would satisfy the LCWRA criteria but who knows what DWP would think!
I had hoped even with the delays due to Covid that I would have had an assessment before the 365 days lapsed. But then I woke up!
Do you think they would consider looking at a PIP report? I was recently awarded enhanced rate for both daily living & mobility & although the criteria is different I didn’t know if it was worth me asking them?
Many Thanks
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2 years 5 months ago #265723 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESACB Ending 365 day limit
Hi Fuzzy
The government has confirmed that the DWP is continuing to prioritise work capability assessments (WCAs) for contributory employment and support allowance (ESA) claims 'that have exhausted or are at risk of exhausting'.
Responding to a written question on what steps the DWP is taking to support claimants whose WCA will not take place before their award of contributory ESA ends - as a result of the time-limited 365-day period of entitlement that is extended only once a WCA has been completed and the claimant is found to have limited capability for work and work-related activity (LCWRA) - Chloe Smith, Minister for Disabled People
Ms Smith added that claimants whose award ends before they have had a WCA should continue to supply medical evidence (such as fit notes) to ensure that their claim can be reinstated if they are found to have LCWRA at a future assessment.
Ms Smith’s written answer is available from parliament.uk questions-statements.parliament.uk/writt...ail/2021-10-28/65452
I see no harm in sending your PIP report, a few questions do cross over but the majority of the descriptors are different.
Gary
The government has confirmed that the DWP is continuing to prioritise work capability assessments (WCAs) for contributory employment and support allowance (ESA) claims 'that have exhausted or are at risk of exhausting'.
Responding to a written question on what steps the DWP is taking to support claimants whose WCA will not take place before their award of contributory ESA ends - as a result of the time-limited 365-day period of entitlement that is extended only once a WCA has been completed and the claimant is found to have limited capability for work and work-related activity (LCWRA) - Chloe Smith, Minister for Disabled People
Ms Smith added that claimants whose award ends before they have had a WCA should continue to supply medical evidence (such as fit notes) to ensure that their claim can be reinstated if they are found to have LCWRA at a future assessment.
Ms Smith’s written answer is available from parliament.uk questions-statements.parliament.uk/writt...ail/2021-10-28/65452
I see no harm in sending your PIP report, a few questions do cross over but the majority of the descriptors are different.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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