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query
- McGoggy
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11 years 7 months ago #92964 by McGoggy
query was created by McGoggy
& thank you in Hi, hope it's ok to post this query in advance of any response.
I have a friend who has recently been transferred from IB to ESA WRAG group without a medical. She is on contribution based ESA. She has asked for a reconsideration as she feels she should be in the support group but has not had a response to date.
She went for her first interview at jobcentre plus yesterday and was very surprised to be told that she had been awarded the benefit for 18months and would then be sent another form to fill in. He made no mention of the 365 day rule. He also said that he would not call her again for another 6 months as his job wasn't to help her get back to work, just to keep in touch with her. When she queried some of the points he made, he claimed it was all scaremongering and there was nothing to worry about! My query is, is it possible for a staff member of the job centre plus to give totally incorrect information or have I misundertood the rules for CB based ESA and the implication of the 365 day rule? It's so confusing.
I have a friend who has recently been transferred from IB to ESA WRAG group without a medical. She is on contribution based ESA. She has asked for a reconsideration as she feels she should be in the support group but has not had a response to date.
She went for her first interview at jobcentre plus yesterday and was very surprised to be told that she had been awarded the benefit for 18months and would then be sent another form to fill in. He made no mention of the 365 day rule. He also said that he would not call her again for another 6 months as his job wasn't to help her get back to work, just to keep in touch with her. When she queried some of the points he made, he claimed it was all scaremongering and there was nothing to worry about! My query is, is it possible for a staff member of the job centre plus to give totally incorrect information or have I misundertood the rules for CB based ESA and the implication of the 365 day rule? It's so confusing.
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- Gordon
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11 years 7 months ago #92970 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:query
elainegem
As she was on IB she will have been transferred to Contribution Based ESA, and as she is in the WRAG, this will be time limited to 365 days from the date of her transfer.
However, the time limit does not stop her ESA, it only stops her entitlement to payment against it, so she will continue to be eligible for ESA(CB) after the 365 days have elapsed and will be receiving NI Credits.
To continue to receive NI Credits, which count towards a full State Pension, she will be subject to regular re-assessment, the positive aspect of this is that if she, at any time in the future, would qualify for the Support Group, then her ESA(CB) payments will be re-instated and will remain in payment as long as she remains in the SG.
If she is also eligible for Income Related ESA, which is dependant on her's and any partners income and assets, and the hours that a partner works, then payments will continue.
I hope this explains it.
Gordon
As she was on IB she will have been transferred to Contribution Based ESA, and as she is in the WRAG, this will be time limited to 365 days from the date of her transfer.
However, the time limit does not stop her ESA, it only stops her entitlement to payment against it, so she will continue to be eligible for ESA(CB) after the 365 days have elapsed and will be receiving NI Credits.
To continue to receive NI Credits, which count towards a full State Pension, she will be subject to regular re-assessment, the positive aspect of this is that if she, at any time in the future, would qualify for the Support Group, then her ESA(CB) payments will be re-instated and will remain in payment as long as she remains in the SG.
If she is also eligible for Income Related ESA, which is dependant on her's and any partners income and assets, and the hours that a partner works, then payments will continue.
I hope this explains it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Karlo
11 years 7 months ago #92973 by Karlo
Replied by Karlo on topic Re:query
As this is called the query thread this seems a good a place as any to ask my question, as opposed to staring a new thread. So here goes. Just starting the migration from IB to ESA I'm as far as the phone call from DWP at the moment. I've had two medical recently one for DLA under RPP and another under the War Pension scheme. Both were in July. I appreciate ESA is a different criteria but are they likely to look at the results of these two medicals when deciding ESA?
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- Karlo
11 years 7 months ago #92975 by Karlo
Replied by Karlo on topic Re:query
As this is called the query thread this seems a good a place as any to ask my question, as opposed to staring a new thread. So here goes. Just starting the migration from IB to ESA I'm as far as the phone call from DWP at the moment. I've had two medical recently one for DLA under RPP and another under the War Pension scheme. Both were in July. I appreciate ESA is a different criteria but are they likely to look at the results of these two medicals when deciding ESA?
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- slugsta
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11 years 7 months ago #92978 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Re:query
Yes Karlo, DWP might well look at the DLA paperwork when deciding yor ESA claim. I'm afraid I cannot comment about your War pension as it is outside of my experience.
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- Karlo
11 years 7 months ago #92981 by Karlo
Replied by Karlo on topic Re:query
Mrs Hurtyback wrote:
Thanks Mrs H
Yes Karlo, DWP might well look at the DLA paperwork when deciding yor ESA claim. I'm afraid I cannot comment about your War pension as it is outside of my experience.
Thanks Mrs H
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