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too late
- Leah x X x X
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- Gordon
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The DWP have become quite lax in accepting late appeals, although you still need to show good reason why you are are submitting it late.I have been placed in the wrag group which i believe is wrong i really feel i should have been placed in the support group anyway, it's entirely my own fault that i've missed the deadline for appeal due to the stress and feeling like it's all too much for me to cope with. My worry is when my payments end in Feb am i right in thinking i cannot apply for ESA again for at least 12 months? thanks
At the end of the year, you may be able to switch to Income Related ESA if you can meet the means test.
If you cannot, then you will only be able to re-apply for ESA(CB) is you meet the Contribution requirements. If you have been on ESA for 12-18 months only then it is possible that your previous NI Contributions can be used. If you were transferred from IB, then you won't be able to re-qualify without accumulating new NI Contributions.
There are also issues surrounding a claimant seperating their existing claim from any new one.
Gordon
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- bro58
I have been placed in the wrag group which i believe is wrong i really feel i should have been placed in the support group anyway, it's entirely my own fault that i've missed the deadline for appeal due to the stress and feeling like it's all too much for me to cope with. My worry is when my payments end in Feb am i right in thinking i cannot apply for ESA again for at least 12 months? thanks
Hi L,
I am assuming that you are in receipt of Contibutary ESA in the WRAG.
If this is the case, then your ESA will indeed stop after 365 days of receipt.
The only way that you could again qualify for CES in the WRAG would be to obtain the necessary NI contibutions by obtaining employment.
Once your CESA stops, you should be assessed to see whether you qualify for Income Related ESA, this will depend on your household income, savings and capital etc.
You could ask for a supersession on the current award, if you feel that your conditions/limitations have worsened.
If you can gain access to the Support Group, then there is no 365 day limit, whilst you remain in the SG.
You can make a late appeal upto 13 months after an adverse decision, but you would have to show just cause, and would need to seek professional advice on this.
See :
Where to get advice?
12 Month Limit for ESA(CB) Updated 10/03/12
Asset rule for ESA(IR)
Qualifying for the Support Group
How to submit an appeal
Is there any risk to challenging a decision?
bro58
Mod Edit : Posted same time as Gordon, see his comments also.
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- Leah x X x X
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- petrocelli
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- Posts: 259
stumbled across your reply a;
long with bro's reply on this subject after asking similar question to mrs.h.
not understanding the NI Cont's bit.
EG: i won't qual for ESA IR. have paid into NI Cont's for 38 years? would have been due to state retire in 5 years, but they've now shuvved us out til 66years.
p.
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- slugsta
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- Posts: 9439
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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