Why sent ESA1 after tribunal placed in Support Gp?

I am panicking because the DWP has sent me an ESA 1 form. I won my ESA Tribunal and was placed in the Support Gp 3 weeks ago. Why have they done this? HELP!

Kasbah wrote:
I am panicking because the DWP has sent me an ESA 1 form. I won my ESA Tribunal and was placed in the Support Gp 3 weeks ago. Why have they done this? HELP!

Hi K,

If it is an ESA1, there has obviously been an error. An ESA1 Form is used to make a fresh claim for ESA :

www.gov.uk/employment-support-allowance/how-to-claim

Are you sure that it is not an ESA3 ? This is used to financially assess you, to see whether you are entitled to any Income Related ESA payments, and has nothing to do with your WCA.

Sample ESA 3 Form

bro58

Hi K,

As you were in The WRAG, and have only recently placed into The SG by The Tribunal, if your ESA was CB ESA only, and was due to cease because of the 365 day entitlement rule :

12 Month Limit for ESA(CB)

The DWP may not have yet updated their systems to reflect the fact that you are now in The SG. (and are now classed as having been in The SG since the time of the adverse WRAG award).

Therefore, it would be normal for the DWP to send out an ESA3, to see whether the claimant was entitled to IR ESA once their CB ESA ceased.

bro58

Thanks Bro! No, it is an ESA1 form. Would it be an idea to ring the so-called ESA Helpline?

Out of interest, if they send me an ESA 3 form and I qualify for some IR ESA would this be in addition to my CB Support Gp payments? It's so confusing...

Many thanks for your support, Kasbah

Kasbah wrote: Thanks Bro! No, it is an ESA1 form. Would it be an idea to ring the so-called ESA Helpline?

Out of interest, if they send me an ESA 3 form and I qualify for some IR ESA would this be in addition to my CB Support Gp payments? It's so confusing...

Many thanks for your support, Kasbah

Hi K,

If it is definitely an ESA1 Form, then I would contact The DWP to inform them of this. I would also advise that you back this up in writing, with a copy of the Tribunal decision notice letter confirming your SG decision.

Sending Documents to the DWP or ATOS

You could request an ESA 3 Form, and depending on your personal circumstances, it is possible to receive CB ESA with an IR ESA top-up.

If any part of your ESA is IR ESA, there is no 365 day entitlement rule, even if you are in The WRAG.

24 hour work rule for ESA(IR)

Asset rule for ESA(IR)

Benefits Calculator

bro58

Ah, many thanks Bro. I will ring them today and send off a letter and copy of the Court Notice with it.

Best wishes, K