Login FormClose

Free, fortnightly PIP, ESA and UC Updates

Over 80,000 claimants and professionals subscribe to the UK's leading source of benefits news.

 
Welcome, Guest
Username: Password:
Remember me
Members
  • Page:
  • 1

TOPIC:

Esa cb confusion 7 years 6 months ago #98281

Afternoon all. Haven't posted for a long time but reading a lot.

I may sound a bit dim, my apologies but can you clarify please:

if someone gets ESA cb for 365 , does this mean they have to claim ESA AGAIN after this time. I am wondering if this is the case for folks who are only in the WRAG group. I am still awaiting my decision and in the support group at the moment.

Thanks

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

Last edit: by Gordon.

Esa cb confusion 7 years 6 months ago #98287

  • Gordon
  • Away
  • Posts: 48120

Brightskies2009 wrote: Afternoon all. Haven't posted for a long time but reading a lot.

I may sound a bit dim, my apologies but can you clarify please:

if someone gets ESA cb for 365 , does this mean they have to claim ESA AGAIN after this time. I am wondering if this is the case for folks who are only in the WRAG group. I am still awaiting my decision and in the support group at the moment.

Thanks


The 365 day rule only affects claimants receiving ESA(CB) who have been in the WRAG for the full 365 day period.

In principle, you can make a new claim for ESA(CB). It must be seperated from the previous claim by a minimum of 12 weeks or it will be classed as a continuation of the original claim and refused, and you will need to re-meet the NI Contribution requirements with the additional requirement that one of the years used must be later than that used on any previous claim.

In reality this means that most claimants will not satisfy the test,if you were transferred from IB you will not be able to meet the requirement, nor will you if you have been receiving for more than a couple of years, it could also be affected by the time of year you made your original claim.

However, many claimants will also meet the eligibility criteria for Income Related ESA, which has no time restrictions, and will therefore be able to continue with their payments.

Gordon
The following user(s) said Thank You: Brightskies2009

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

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

Esa cb confusion 7 years 6 months ago #98295

Hello guys I am on IB and filled in an ESA form. I am still employed but had two strokes and since then lots of other health issues. I have an annual medical with company since 2006 and they say unfit for any work, they pay me a third of my wages and I get IB too. I assume I will pass the test as I am not fit for any work after each medical. So when they transfer me to ESA how will I be affected?

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

Last edit: by bro58.

Esa cb confusion 7 years 6 months ago #98301

  • bro58

kingpin wrote: Hello guys I am on IB and filled in an ESA form. I am still employed but had two strokes and since then lots of other health issues. I have an annual medical with company since 2006 and they say unfit for any work, they pay me a third of my wages and I get IB too. I assume I will pass the test as I am not fit for any work after each medical. So when they transfer me to ESA how will I be affected?


Hi kp,

I would not make such an assumption.

People have been assessed by ATOS at the request of their employer, and been classed as unfit for work, and medically retired as a result of this.

They have then been assessed by ATOS under The ESA WCA, and been found fit for work.

It would seem that there may be a scenario of "He who pays the piper".

To qualify for ESA in The WRAG or SG, you must fulfill strict criteria.

It may help if you research our :

IB, IS, SDA, Migration to ESA FAQ’s

ESA FAQ’s

And our : ESA Claims Guides

To be best prepared.

bro58

MOD EDIT : please start a new topic in future, rather than tagging on to an existing one, as this can cause confusion. :)

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

Last edit: by bro58.
  • Page:
  • 1
Moderators: bro58GordonGaryBIS