- Posts: 3
Contribution-based ESA 365 days gone!
- Derek
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I am curious to know what others in my position do when the 365 day rule is applied and the payments stop! I don't think it's fair that I should eat into my savings as I have spent a lifetime of hard work to accumulate this modest amount and it also precludes me from claiming ANY means-tested benefits at all !!
This £16,000 limit has been at that level for at least 10 years and has not been increased in line with inflation, if it had done so it would be almost £30,000 and I don't have anything like that amount!
It all seems so unfair, I wonder if I am missing something here ??
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- slugsta
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- Posts: 9439
Do be warned that any suggestion that you had disposed of your savings soley to get benefits would probably count as 'deprivation of income' and lead to you being treated as if you still have the money.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- bro58
Have a read through this recent topic thread :
www.benefitsandwork.co.uk/forum?view=top...&limitstart=0#101735
You may then have a better idea of your options.
bro58
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- Derek
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- Posts: 3
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- shrinathji
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- Posts: 382
After the 365 days can you still claim ESA for your NI credits and would these count for making a new claim should ones condition get worse????
Radhika.
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- bro58
Derek wrote: Phew Bro! There's a lot of to-ing and fro-ing in that topic but as I understand it you need to have worked and actually PAID NI contributions for at least 12 months in the last 2 years (condition 1). I too was transferred from IB to ESA and have not been able to work for 8 years so there's no way I could have paid contributions myself! I think it's pretty unlikely that anyone in my position satisfies condition 1 so there's no point in putting in another claim after 12 weeks I guess?
Hi D,
You seem to have grasped it.
However, if as a result of any future review as a result of a deterioration in your condition, or a reassessment you are placed into the SG, payment of CB ESA would be reinstated.
For this to happen, you cannot opt out of ESA, even if you are only receiving NI Credits, with no payment of CB ESA after the 365 days have elapsed.
You must comply with any requests to fill out an ESA50, or attend a face to face. You would not have to take part in any WRA though.
As long as you can maintain a continuous assessment of LCW (WRAG) payment of CB ESA would be reinstated if you were placed into the SG, as mentioned above.
Payment of CB ESA would continue for as long as you stay in The SG.
12 Month Limit for ESA(CB)
bro58
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