H*E*L*P |Please

PLEASE H*E*L*P
I have been on Incap Benefit and like everyone else, I had to be assessed. I was awarded zero points. However, and On the advice of my GP I appealed. Throughout this period I continued to furnish sick note certificates. Finally after almost 12 months wait, I was now required to attend the Tribunal. I went to the Tribunal 2 weeks ago. This was a very matter of fact event. Upon going into the Tribunal room I was almost immediately given a signed letter indicating that upon examination by the Solicitor and Panel I was awarded 18 points. Further indicating that I was unable of work and so recommended that I should not be further assessed for a period of 24 months. I assumed that I would now be placed into ESA Support Group. Yesterday I received a letter from Jobcentre Plus stating that as ESA was only able to be paid for 12 months because I will have been receiving this for 12 months in August 2013 therefore the benefit will be ceased. No indication of what happens then? I rang the Jobcentre Plus Office and explained the above to them. “yes we know and have the results of your Tribunal” but “rules are mandatory and you will not be paid at all” “you may try for working tax credits; income support” When I was asked if I had a wife working, I explained that she was in a low paid job working 30[ hours a week. “Oh well in that case you cannot claim for the benefits mentioned” “can I assist you with anything else”? I was and am so upset I put the phone down. PLEASE can someone advise me what if anything I can do?

It sounds as if you have been placed in the WRAG of ESA, not the Support Group. Contributary WRAG is payable for only 365 days, then the claimant is means-tested for income-related ESA. If you (and/or a live-in partner) have any other income, assets or savings you may not be entitled to the income-related benefit and payments will cease.

Qualifying for the WRAG

Qualifying for the Support Group

12 Month Limit for ESA(CB)

24 hour work rule for ESA(IR)

Asset rule for ESA(IR)

The 365 days is counted from the first day you were paid the assessment rate while awaiting appeal.

I think the first thing you need to do is check which group the tribunal panel put you in. If you are in the Support Group then payment should continue until your next assessment at least. If you are in the WRAG and you think you might qualify for income-related benefit, you should obtain and complete an ESA3 with details of your income and assets.

If you are not entitled to income-related ESA and are in the WRAG you will receive no further payment until/unless you are moved into the Support Group at a future assessment (you would undergo these periodically) or are able to qualify for contributory benefit as a result of paid employment. NI credits would be made on your behalf even if payment has ceased.

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