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SDA, ESA and contribution records

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13 years 3 weeks ago #53104 by carruthers
SDA, ESA and contribution records was created by carruthers
This is not really a question just about my personal circumstances, but it arises from them.

I have been in receipt of SDA since the late 1980s. At the time I claimed it because I has been ill since before my 19th birthday, and was not (and would never be) in a position to claim any contributory benefits. I was well beyond that birthday by then, but my problems had not been properly diagnosed until the mid-80s. I have also been claiming DLA, in various guises since approximately the same date. After a recent worsening of my health I was awarded an indefinite DLA:MHR & DLA:CHR.

Let us assume that I manage to get into the Support group (though not before an appeal, I imagine, if they haven't abolished appeals), what would be the status of my ESA benefit? Would the lack of contributions mean that I would not, in fact, qualify for any payment, or for only a limited payment?

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13 years 3 weeks ago #53135 by Gordon
Replied by Gordon on topic Re:SDA, ESA and contribution records
carruthers

Our understanding is that SDA claimants will be converted to Contribution Based ESA.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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13 years 3 weeks ago #53429 by carruthers
Replied by carruthers on topic Re:SDA, ESA and contribution records
Gordon wrote:

carruthers

Our understanding is that SDA claimants will be converted to Contribution Based ESA.

Gordon

Thanks. I'm sorry if I'm going over old ground, but I get confused with so many if and buts.

Your guide to ESA says:

To get contribution-based ESA you have to have paid enough national insurance contributions or be a young person. The rules about contributions are very similar to the rules for incapacity benefit. However, the government have now announced plans to time limit claims contribution-based ESA to one year from April 2012. This will be backdated so that claimants who have already received 12 months or more of contribution-based ESA will lose their entitlement immediately.

I have been receiving SDA for about 20 years now. I have various chronic, incurable and progressive health problems, and receive HRC. I think that I should qualify for the support group since, leaving anything else aside, I can neither walk nor propel my wheelchair myself over 50m.

So, suppose that I go through the migration process and end up in the Support Group.

If I read what you say above correctly, and if they treat SDA as being "sort-of" ESA, then my situation could be as follows:

I get allocated to the Support Group. They treat me as being entitled to Contribution-based ESA. I get it for 12 months and am thereafter on my own. OR they decide that the years I have spent on SDA count as having had enough support, and they give me no benefit at all.

I would not qualify under the income-related provisions, as I have too much in the way of savings.

I have then used up my entitlement to ESA.

Is this correct?

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13 years 3 weeks ago #53430 by Gordon
Replied by Gordon on topic Re:SDA, ESA and contribution records
carruthers

If you are put in the Support Group then there is no time limitation to ESA(CB), it is only if you are in the WRAG that there will be the expected one year limit.

If you are in the WRAG then the year will start from the date of your transfer. The fact that you have previously been receiving SDA, will not affect this, they are distinct and seperate benefits.

Hope this explains it better.

Hordon

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13 years 3 weeks ago #53431 by carruthers
Replied by carruthers on topic Re:SDA, ESA and contribution records
Gordon wrote:

carruthers

If you are put in the Support Group then there is no time limitation to ESA(CB), it is only if you are in the WRAG that there will be the expected one year limit.

If you are in the WRAG then the year will start from the date of your transfer. The fact that you have previously been receiving SDA, will not affect this, they are distinct and seperate benefits.

Hope this explains it better.

Hordon

Thanks Hordon (lucky I didn't hit the wrong key myself and call you Jordon - that might have led to misunderstandings!)

I am sort-of hoping that I can persuade them that I am one of those whose health would be seriously damaged by the attempt to work. I am sure that this is the case - I think my GP and my consultant(s) would back me up. I'm only "sort-of" hoping because I'm a realist, and don't expect common sense or medical opinion to enter into this.

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13 years 3 weeks ago #53432 by Gordon
Replied by Gordon on topic Re:SDA, ESA and contribution records
The best thing you can do in the interim is look at the new ESA guides in the Members area and think about what evidence to collect to support your claim.

Gordon - got it right this time :)

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