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Appealing Esa Decsion
- helchis
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12 years 8 months ago #90730 by helchis
Appealing Esa Decsion was created by helchis
Hi is correct if your on contribution based esa and been in the support group and after a medical they say your fit to work can you appeal the decision and get the esa element contribution based why you appeal or does that then go to income based, thanks in advance
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- Gordon
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12 years 8 months ago #90732 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Appealing Esa Decsion
helchis wrote:
If they have not, then they will be able to receive ESA(CB) at the Assessment rate for 365 days, at which point payments will cease unless they are eligible for ESA(IR).
If they have, but have not spent more than 365 days in the WRAG, then they will be able to receive ESA(CB) at the assessment rate, the time will count towards the 365 days, at which point payments will cease unless they are eligible for ESA(IR).
If they have already spent more than 365 days in the WRAG, then the ESA Assess,ment rate will only be payable if they are eligible for ESA(IR).
I hope this explains it it.
Gordon
The answer will depend on whether the claimant has spend any time in the WRAG.Hi is correct if your on contribution based esa and been in the support group and after a medical they say your fit to work can you appeal the decision and get the esa element contribution based why you appeal or does that then go to income based, thanks in advance
If they have not, then they will be able to receive ESA(CB) at the Assessment rate for 365 days, at which point payments will cease unless they are eligible for ESA(IR).
If they have, but have not spent more than 365 days in the WRAG, then they will be able to receive ESA(CB) at the assessment rate, the time will count towards the 365 days, at which point payments will cease unless they are eligible for ESA(IR).
If they have already spent more than 365 days in the WRAG, then the ESA Assess,ment rate will only be payable if they are eligible for ESA(IR).
I hope this explains it it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- helchis
- Topic Author
12 years 8 months ago #90734 by helchis
Replied by helchis on topic Re:Appealing Esa Decsion
Hi Gordon since they have been on ESA they have been only in the support group, would that mean they will be entitled to esa assesment rate(CB) why they appeal,
Thanks Again
Thanks Again
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- bro58
12 years 8 months ago - 12 years 8 months ago #90736 by bro58
Replied by bro58 on topic Re:Appealing Esa Decsion
helchis wrote:
Hi h,
Any time spent in the Support Group does not count towards the 365 day limit of entitlement to payment of CB ESA.
Therefore, on that premise, the person would still be entitled to the full 365 day entitlement to CB ESA, which would include Assessment Rate ESA.
See for different examples :
12 Month Limit for ESA(CB) Updated 10/03/12
bro58
Hi Gordon since they have been on ESA they have been only in the support group, would that mean they will be entitled to esa assesment rate(CB) why they appeal,
Thanks Again
Hi h,
Any time spent in the Support Group does not count towards the 365 day limit of entitlement to payment of CB ESA.
Therefore, on that premise, the person would still be entitled to the full 365 day entitlement to CB ESA, which would include Assessment Rate ESA.
See for different examples :
12 Month Limit for ESA(CB) Updated 10/03/12
bro58
Last edit: 12 years 8 months ago by bro58.
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- Gordon
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12 years 8 months ago #90737 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Appealing Esa Decsion
helchis wrote:
Gordon
Yes, see my previous post.Hi Gordon since they have been on ESA they have been only in the support group, would that mean they will be entitled to esa assesment rate(CB) why they appeal,
Thanks Again
Gordon
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