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6 months since appeal acknowledged - nothing since

  • chris
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11 years 11 months ago - 11 years 11 months ago #104701 by chris
Thanks, Gordon and annken for your replies. Most helpful.

My wife gets contribution-based ESA until 31 October 2013. That’s less than six months away. So I think I should write to them. May I ask a few more questions?

What happens after the 365 days of CB ESA? Do you go onto Jobseekers Allowance?

Also, can I write to them on my wife’s behalf? (She’s not really up to it.) I haven’t got any official status to do that. Do I need to enclose a letter from her giving me permission to write on her behalf, and for them to reply to me? Or do I just write the letter and ask her to check it and sign it? And if I do that, should I say in the letter that that the letter was written by me?
Last edit: 11 years 11 months ago by bro58.

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  • bro58
11 years 11 months ago - 11 years 11 months ago #104712 by bro58

chris wrote: Thanks, Gordon and annken for your replies. Most helpful.

My wife gets contribution-based ESA until 31 October 2013. That’s less than six months away. So I think I should write to them. May I ask a few more questions?

What happens after the 365 days of CB ESA? Do you go onto Jobseekers Allowance?

Also, can I write to them on my wife’s behalf? (She’s not really up to it.) I haven’t got any official status to do that. Do I need to enclose a letter from her giving me permission to write on her behalf, and for them to reply to me? Or do I just write the letter and ask her to check it and sign it? And if I do that, should I say in the letter that that the letter was written by me?


Hi C,

Once the 365 days entitlement to CB ESA is exhausted, if your wife still has a live assessment of WRAG, she should be financially assessed to see whether she is entitled to IR ESA.

This is usually done by filling in an ESA 3 Form, see :

12 Month Limit for ESA(CB)

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

Sample ESA 3 Form

If she is not entitled to IR ESA, because your household income, assets, capital or savings exceed the amount allowed under the means test, then payment will cease and she will continue to receive NI Credits only.

These NI Credits will only go towards her State Pension and will not entitle her to further payment of any CB Benefits such as CB ESA or CB JSA.

It is perfectly fine for you to write a letter on behalf of your wife, as long as she reads, agrees and signs it.

If you wish, you could write comment at the bottom of the letter stating that you have written it on her behalf and she has read and agrees with the content.

Importantly, your wife should sign it.

SEE ALSO : Sending Documents to the DWP or ATOS

bro58
Last edit: 11 years 11 months ago by bro58.

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11 years 11 months ago #104716 by Gordon
Chris

Please stop posting duplicate posts!

All posts are pre-moderated and can take anywhere from a few minutes to half an hour to appear in the forum.

Gordon

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

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11 years 11 months ago #104750 by elaine pyrke
Replied by elaine pyrke on topic 6 months since appeal acknowledged - nothing since
I appealed 11 months ago, and have had nothing since the acknowledgement, so you aren’t alone in this. I can’t deal with phoning so have written three times since January for an update, all recorded delivery and the last two weren’t even signed for.
In desperation I have contacted my MP, who says he has escalated it to the DWP Chief Operating Officer, so hopefully that will bring a response soon.
All the best
Elaine

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  • chris
  • Topic Author
11 years 11 months ago - 11 years 11 months ago #104823 by chris
Thanks, Gordon and Elaine. Sorry about the duplicate postings, Gordon. (It's panic!)

So, after the 365 days, if you're not elliglible for IR ESA (which my wife isn't) -- you get nothing. Charming.

Anyway, I've written a letter, which my wife checked and signed, asking them what's happeining, pointing out that it's less than 6 months to when her CB ESA ends, and asking them to reply within 14 days. I posted it recorded delivery.

Having read Elaine's experiences, I think I'll write to our MP as well. Perhaps wait for the 14 days first.

Shall I post here to say what happened?
Last edit: 11 years 11 months ago by bro58.

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  • chris
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11 years 11 months ago #104824 by chris
Should have said thanks to Bro58 as well!

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