work related ESA

My ESA contribution-based allowance finished on March 31 2013. i was placed in the work-related activity group from April 2012. Prior to this i have been receiving incapacity benefit.

i am told i can apply for an income-related allowance but i have a partner working more than 24 hours per week and our savings and investments are just below £16 000. The received letter implies strongly if i fulfill those two requirements then the ESA will not usually be payable.

in the last year i have received no work-focused interview with any advisers. i have done a few hours permitted work as an exam invigilator.

is it worth me applying for income-related ESA or is this the end of the road - to have limited capability for work but no allowance?

Hi Colrim, You might find these helpful

12 Month Limit for ESA(CB)

24 hour work rule for ESA(IR)

You are still counted as being 'on ESA' even though you do not receive payment. You will also continue getting NI credits towards your state retirement pension. While you remain on ESA you will be subject to periodic reassessments. If any of these place you in the Support Group payments will recommence as long as your ESA claim has remained unbroken in the meantime.

the initial response from appeal request states that the dap say I am out of time to appeal

is this the end of my appeals process?

Merged with original posts for continuity.

bro58

colrim wrote: the initial response from appeal request states that the dap say I am out of time to appeal

is this the end of my appeals process?

Hi c,

If you are appealing the original adverse WRAG award of April 2012, then you are out of time, as the maximum period allowed for a late appeal is 13 months.

If you feel that your existing health conditions have deteriorated, or you suffer from different medical conditions since the time of the adverse WRAG award, and due to this, you now qualify for The SG, you could request a Supersession/Review.

You would have to provide evidence of the above, and show how and why you now qualify for The SG.

Qualifying for the Support Group

Sending Documents to the DWP or ATOS

You would have to make it clear to The DWP that you were requesting a supersession and not an appeal.

If as a result of this, or any future reassessment, you are placed into The SG, payment of CB ESA will be reinstated and remain in payment for as long as you stay in The SG.

If you are not entitled to IR ESA, which seems to be the case, then this is the only way that your payment of CB ESA will be reinstated, unless you can gain the necessary NI Contributions from employment.

bro58