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ESA Appeal rate length

  • bro58
11 years 1 month ago #98790 by bro58
Replied by bro58 on topic ESA Appeal rate length

John wrote: I can't see any writing on gordons post or bro58's second post :(


Hi J,

Don't worry, they have been deleted now, please see my previous response.

bro58

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  • bro58
11 years 1 month ago #98792 by bro58
Replied by bro58 on topic ESA Appeal rate length

John wrote:

bro58 wrote:

bro58 wrote:

John wrote: How long does ESA appeal rate get paid for when your appealing an ESA decision?


Hi J,

On the assumption that you are appealing a fit for work decision, and continue to provide MED 3 "Fit Notes", it depends on whether you are paid Income Related ESA (IR ESA) or Contribution Based ESA, (CB ESA)

If it is CB ESA, then you will only be entitled to 365 days payment from the date of the decision that you have appealed. Therefore it is possible that payments of CB ESA could cease before a Tribunal Hearing if it is after the 365 days.

However, payment and any added ESA component would be reinstated and backdated if you were successful.

If it is IR ESA, payment will continue (as long as your financial situation doesn't change) right up until the Tribunal Decision, there is no 365 day limit for IR ESA.

These FAQ's may help to explain it :

12 Month Limit for ESA(CB)

What will I be paid while I appeal?

If you have previously been in receipt of another benefit prior to your ESA WCA, this FAQ should give you an indication of whether you will receive IR ESA or CB ESA :

What will I be transferred to?

bro58


Just to clarify further J, as I am not fully aware of all your circumstances.

Any time at all spent in receipt of CB ESA will count against your 365 days entitlement.

Therefore, time spent in receipt of payment of CB ESA is added together, it could be as a result of a previous award or review.

To put it simply you are only entitled to 365 days of payment cumulitively. Any time spent in The Support Group, whether IR ESA or CB ESA does not count against your 365 days entitlement, and there is no 365 day limt, for as long as you remain in The SG.

bro58


I was on IB before august 2012 and had an assessment with the zero points in august 2012.So i should get ESA CB until august(if appeal takes that long)


Correct J,

As you were previously in receipt of IB, you will receive CB ESA, and you will continue to receive payment of this for 365 days from the date of the fit for work decision.

If your payments do cease, due to having exhausted the 365 days you would still receive NI Credits for State Pension purposes as long as you continue to comply with the ESA WCA, (filling in ESA50's etc.)

bro58

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  • John
  • Topic Author
11 years 1 month ago - 11 years 1 month ago #98793 by John
Replied by John on topic ESA Appeal rate length
But i'm not on esa wrag so i don't go to the jobcentre as it is.
Last edit: 11 years 1 month ago by bro58.

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  • bro58
11 years 1 month ago #98794 by bro58
Replied by bro58 on topic ESA Appeal rate length

John wrote: But i'm not on esa wrag so i don't go to the jobcentre as it is.


Hi J,

I think that I know what you are saying ?

If your fit for work decision was not changed at the tribunal, and you could not appeal to The Upper Tier Tribunal, if your 365 days of CB ESA payment had been exhausted, you could make a fresh claim for ESA, but you would only receive NI Credits, or you could claim JSA, but again you would only receive NI Credits, unless in either case you could pass the means test and qualify for Income Related payments.

As the forum has now closed, please repost tomorrow if this has not answered your question.

bro58

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  • John
  • Topic Author
11 years 1 month ago - 11 years 1 month ago #98800 by John
Replied by John on topic ESA Appeal rate length
Thanks bro58

I had an assessment and was found fit for work with zero points.

I'll come at it from a different angle.I have been on CB ESA assessment rate since my appeal started 30/08/2012.What if my appeal is'nt heard untill,lets say 10/12/2013.My CB ESA would be exhausted on 29/08/2013.(i would'nt be able to tranfer to IR as patner working).How would i be able to claim N.I. credits from 30/08/2013 until the appeal hearing on 10/12/2013?
Last edit: 11 years 1 month ago by Gordon.

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11 years 1 month ago - 11 years 1 month ago #98801 by Gordon
Replied by Gordon on topic ESA Appeal rate length

John wrote: Thanks bro58

I had an assessment and was found fit for work with zero points.

I'll come at it from a different angle.I have been on CB ESA assessment rate since my appeal started 30/08/2012.What if my appeal is'nt heard untill,lets say 10/12/2013.My CB ESA would be exhausted on 29/08/2013.(i would'nt be able to tranfer to IR as patner working).How would i be able to claim N.I. credits from 30/08/2013 until the appeal hearing on 10/12/2013?


Based on your dates, I agree that your ESA(CB) payments would cease in August.

The switch to just NI Credits should be transparent, as you are receiving them now, so there is no specific action that needs to be done. To continue receiving NI Credits you may need to complete further ESA50s and attend face to face assessments.

MODEDIT: SEE LATER POST

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 1 month ago by Gordon.
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