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365 day rule
- lesjo
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11 years 10 months ago - 11 years 10 months ago #106268 by lesjo
Replied by lesjo on topic 365 day rule
Thank you for your answer,
I'm still a little confused, I have recently been put into Wrag, I suspect because I'm doing supported permitted work, but believe I should be in the s g. I haven't appealed as yet, but will I still be "means" tested regarding my partner and assets if I appeal and am placed back into the support group.
I'm still a little confused, I have recently been put into Wrag, I suspect because I'm doing supported permitted work, but believe I should be in the s g. I haven't appealed as yet, but will I still be "means" tested regarding my partner and assets if I appeal and am placed back into the support group.
Last edit: 11 years 10 months ago by .
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11 years 10 months ago - 11 years 10 months ago #106281 by
Hi L,
You are getting confused with regards to which group of ESA you are placed into, (WRAG or SG) and which type of ESA you are entitled to, which could be Contribution Based (CB) ESA, Income Related (IR) ESA, or a combination of both.
If you were in receipt of CB ESA only which is dependent on your Contribution history and/or which benefit you may have been in receipt of before being transferred to ESA, (if that was the case) Then you only receive this for 365 days if in The WRAG.
After your benefit has ceased due to exhausting your 365 days entitlement you should then be "FINANCIALLY" assessed using an ESA 3 Form to see whether you pass the means test to entitlement of IR ESA. If you did pass the means test, then payment of ESA would continue. If you didn't payment would cease.
There is no 365 day rule if you are in The SG, therefore if you were successfully placed into The SG at appeal this decision would be backdated to the time of the adverse WRAG award, therefore it would be as if you had never been in The WRAG.
Therefore, you would still have your full 365 days entitlement to payment of CB ESA in The WRAG, in case you were again placed into The WRAG at some future reassessment.
See :
What will I be transferred to?
What will I be paid?
If you were transferred over to ESA.
See also :
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
Sample ESA 3 Form
How to submit an appeal
Is there any risk to challenging a decision?
Do I have to attend WFIs while I appeal?
What will I be paid while I appeal?
Appealing, has no significance as to whether you would be "FINANCIALLY" assessed using an ESA3 Form to see whether you would be entitled to IR ESA.
It is the ESA50 Questionnaire that is used in The WCA to see whether you are entitled to ESA, and if so, which group you are placed in.
Qualifying for the Support Group
bro58
Replied by on topic 365 day rule
leslie wrote: Thank you for your answer,
I'm still a little confused, I have recently been put into Wrag, I suspect because I'm doing supported permitted work, but believe I should be in the s g. I haven't appealed as yet, but will I still be "means" tested regarding my partner and assets if I appeal and am placed back into the support group.
Hi L,
You are getting confused with regards to which group of ESA you are placed into, (WRAG or SG) and which type of ESA you are entitled to, which could be Contribution Based (CB) ESA, Income Related (IR) ESA, or a combination of both.
If you were in receipt of CB ESA only which is dependent on your Contribution history and/or which benefit you may have been in receipt of before being transferred to ESA, (if that was the case) Then you only receive this for 365 days if in The WRAG.
After your benefit has ceased due to exhausting your 365 days entitlement you should then be "FINANCIALLY" assessed using an ESA 3 Form to see whether you pass the means test to entitlement of IR ESA. If you did pass the means test, then payment of ESA would continue. If you didn't payment would cease.
There is no 365 day rule if you are in The SG, therefore if you were successfully placed into The SG at appeal this decision would be backdated to the time of the adverse WRAG award, therefore it would be as if you had never been in The WRAG.
Therefore, you would still have your full 365 days entitlement to payment of CB ESA in The WRAG, in case you were again placed into The WRAG at some future reassessment.
See :
What will I be transferred to?
What will I be paid?
If you were transferred over to ESA.
See also :
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
Sample ESA 3 Form
How to submit an appeal
Is there any risk to challenging a decision?
Do I have to attend WFIs while I appeal?
What will I be paid while I appeal?
Appealing, has no significance as to whether you would be "FINANCIALLY" assessed using an ESA3 Form to see whether you would be entitled to IR ESA.
It is the ESA50 Questionnaire that is used in The WCA to see whether you are entitled to ESA, and if so, which group you are placed in.
Qualifying for the Support Group
bro58
Last edit: 11 years 10 months ago by .
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- carmind
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11 years 10 months ago - 11 years 10 months ago #106290 by carmind
Replied by carmind on topic 365 day rule
In fact, the client lost her entitlement to ESA through a Tribunal decision at the same time that the 365 day rule came into effect. She is trying to make a new claim for ESA so that she can get the NI credits. DWP says she can't claim because of the 365 day rule
Last edit: 11 years 10 months ago by Gordon.
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- Gordon
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11 years 10 months ago #106298 by Gordon
If the client had a Fit for Work Decision at their appeal then they no longer have Limited Capability for Work and the only way that they can get NI Credits is through a new claim for ESA.
I am assuming that the possibility of their making a claim for ESA(IR) has been looked at and dismissed due to their income, assets and savings or the hours that a partner works.
They can only make a new claim for ESA(CB) if they meet the Contribution requirements, in principle this requires that they have acquired NI Contributions in the tax years 2010-11 and 2011-12, although the rules are more complicated than this and there are exceptions.
So If they have been on ESA for some time, or were transferred from IB or another benefit to ESA, then they will not have the necessary NICs and will not be able to make a claim for ESA(CB).
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic 365 day rule
carmind wrote: In fact, the client lost her entitlement to ESA through a Tribunal decision at the same time that the 365 day rule came into effect. She is trying to make a new claim for ESA so that she can get the NI credits. DWP says she can't claim because of the 365 day rule
If the client had a Fit for Work Decision at their appeal then they no longer have Limited Capability for Work and the only way that they can get NI Credits is through a new claim for ESA.
I am assuming that the possibility of their making a claim for ESA(IR) has been looked at and dismissed due to their income, assets and savings or the hours that a partner works.
They can only make a new claim for ESA(CB) if they meet the Contribution requirements, in principle this requires that they have acquired NI Contributions in the tax years 2010-11 and 2011-12, although the rules are more complicated than this and there are exceptions.
So If they have been on ESA for some time, or were transferred from IB or another benefit to ESA, then they will not have the necessary NICs and will not be able to make a claim for ESA(CB).
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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