× Members

ESA Finishing

More
12 years 3 days ago #84968 by Gordon
Replied by Gordon on topic Re:ESA Finishing
citymike wrote:

I am currently in the WRAG and due to be retested shortly, in view of this i spoke to my local jobcentre to ask what happens if i am kept in Wrag as my money will stop shortly due to 12 month rule.
I was told i would not be able to claim JSA as being in WRAG means that i have been classed as not being currently fit for work.
Not sure if this is correct,perhaps someone can confirm this.

There are a number of issues here.

First, the qualification rules for JSA are substantially the same as ESA, so to receive JSA(CB) you will need to meet the Contribution Conditions and to receive ESA(IR), the asset, partner working hours, and income rules. Certainly, in the case of the latter, if you could qualify for JSA(IR), you would qualify for ESA(IR).

Secondly, you need to be available for work, whilst being declared Unfit for Work under ESA does not preclude this, you will need to declare yourself Fit for Work, even if you place limitations of what employment you can do. One upshot of this is that will lose your entitlement to be re-assessed for the Support Group if at some future time, your condition deteriorates.

Gordon

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

Please Log in or Create an account to join the conversation.

  • milliemollym
12 years 3 days ago #84969 by milliemollym
Replied by milliemollym on topic Re:ESA Finishing
Unfortunately the system would be ok if people were being assessed correctly. Far too many ill people who are unable to work are being put into the work related activity group and losing their appeals.
What happens to them after the year is up? Can they claim ESA again and apply for the support group?
Seems to me this is a way of saving money at the expense of the vunerable. Seems like they expect a husband or wife to support their partner not matter how much money is coming in.
What happens to a single person? I have been lucky so far - not health wise having been ill for 34 years and struggled. But if i dont pass my DLA then i have to try to live on £83 per week!!! Its frightening.
Even if i do then i will have to apply again for PIP in just one year when everything changes.
I have paid into the system all my life and struggled to live on part-time wages as i was told i didnt qualify for DLA
How is it that the people who pay in are being penalised?
Even someone who has good health - what happens if they are still unemployed after the year is up? Where are all the jobs that pay enough to live on?
The amount the Gov says you need to live on is ridiculous - even if you get Housing Benefit and dont pay coucil tax - how can £71 a week be enough? even with out a car you cant afford to eat and pay all the utility bills or dress well enough to go get a job.
Having said that i have managed so far and am grateful but many are being made more ill and their recovery impeded by all the worry caused by having to appeal being put into the wrong group.
Going back to work when you are ill wont make you better - just worse.
I worry we will end up with ill people living and dying on the streets.

Please Log in or Create an account to join the conversation.

  • milliemollym
12 years 3 days ago #84972 by milliemollym
Replied by milliemollym on topic Re:ESA Finishing
Why cannot you be assessed again for support group????? Illnesses do deteriorate esp if you have been forced to work whilst ill because you have been denied the correct benefit.

Please Log in or Create an account to join the conversation.

More
12 years 3 days ago #84975 by Gordon
Replied by Gordon on topic Re:ESA Finishing
milliemollym wrote:

Why cannot you be assessed again for support group????? Illnesses do deteriorate esp if you have been forced to work whilst ill because you have been denied the correct benefit.

The Welfare Reform Act (2012), which introduced the time limiting of ESA(CB) for members of the WRAG, also includes a provision that allows claimants to re-claim ESA(CB) if at some time in the future they are found to meet the criteria for the Support Group. However, in order to maintain eligibility to do this, a claimant must continue to have Limited Capability for Work (LCW), in order to claim JSA, you must declare yourself Fit for Work, consequently breaking your LCW.

A claimamt can still make a new claim for ESA, however, they will need to meet the eligibility criteria as a new claimant.

Gordon

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

Please Log in or Create an account to join the conversation.

  • Julie
12 years 1 day ago - 12 years 1 day ago #85095 by Julie
Replied by Julie on topic Re:ESA Finishing
My ESA also finishes at the end of April, & as my husband works we are struggling to work out how we are going to carry on! After an ATOS medical I was told my ESA was being stopped so I went to claim JSA but was told I was not fit to work so had no choice but to appeal the ESA decision, I won the appeal, but the toll it took on my mental & physical heath was terrible, I have a spinal cord tumour, Pernicious Anaemia, prolapsed vertebrae, crumbling spine & not surprisingly depression. The Benefits Agency lost my claim & lost 2 sick notes, which all held up me being paid for 3 months, consequently I am in a huge amount of debt from bank charges & late payment charges. We can not get any other help, I will try to get into the support group, but while that is assessed I have no idea how to cope! & as I will not be on ESA & unable to claim JSA will I have to pay for prescriptions, if so my health will get even worse as there will be no money to buy them :( Any advice will be welcome xxx
Last edit: 12 years 1 day ago by slugsta.

Please Log in or Create an account to join the conversation.

More
12 years 1 day ago - 12 years 1 day ago #85101 by sally-jane
Replied by sally-jane on topic Re:ESA Finishing
You say you won the appeal, so are you in the WRAG/SG/JESA/ESA. ?? It does not seem clear to me what you have won.
Last edit: 12 years 1 day ago by Gordon.

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.