ESA ended without warning

After attending an assessment last year and being moved onto ESA from IB I have just found out that my benefit has ended & I am no longer going to receive a penny! Help!!
I spoke with an adviser 12 months ago who just said I had been placed into the WRAG & not to worry.
I have now been told that my 365 days are up & my benefit is no more due to the fact that my husband works.
I have been off work on long term incap for the last 15 years & am still in no state to be able to work due to my condition & the medication I have to take. Should I have been advised to apply for some other kind of benefit ie. PIP?
I really don't understand the system & all this has just totally wiped me out, I don't know which way to turn
Thanks in advance if anyone can shed any light as to where I should turn

Hi Poppy,

This must have come as a rather unpleasant shock to you! The law was changed last year to limit contributory ESA, for those in the Work Related Activity Group, to 365 days payment. There is no such limit for those in the Support Group.

12 Month Limit for ESA(CB)

You could still be entitled to income-related ESA, this depends on your income, savings and assets (and that of any partner who lives with you). If you think this might be the case you should ask DWP for an ESA3 form which will ask for financial details.

24 hour work rule for ESA(IR)

Asset rule for ESA(IR)

There is an absolute limit of 13 months (from the date of the decision letter) to appeal the decision to place you in the WRAG. Please can you tell me when that decision was made?

If it is too late to appeal (and you are not entitled to income-based ESA), there is no way that you can get payment reinstated unless you are placed in the Support Group at a future reassessment. You will be subject to these reassessments periodically for as long as your ESA claim remains open. NI credits will also be made on your behalf during this time.

Whether or not you are entitled to PIP (as DLA has now been replaced, for new claims, by this benefit) is another matter. Some people claim DLA/PIP and ESA, some are only able to claim one of these benefits. The basic criteria for PIP is needing help with personal care and/or mobility.

Latest information on PIP

It might be in your interest to consult CAB to find out whether there is anything else you can claim. This would depend on various factors that are outwith our remit on this forum.

If you have any further questions, please come back and ask them on this topic/thread. You will find it easily in future if you bookmark it, or make it a favourite on your web browser, now

I am not entitled to income-related ESA as my husband works 45 hours a week. It was just over a year ago that I was assessed so what forms do I need to fill in or contact DWP about? I have only just become familliar with the fact that I should have appealed or that I had anything to appeal about as I was not given any information regarding the changes taking place at the time. It seems the only answer they give out is "you've had your 365 days!"
Already in just the few short weeks since my benefit stopped my life has been turned upside down & the stress is making my anxiety & depression worse, on top of the physical problems that prevent me from working these issues & my fibro fog are making life very confusing

poppy wrote: I am not entitled to income-related ESA as my husband works 45 hours a week. It was just over a year ago that I was assessed so what forms do I need to fill in or contact DWP about? I have only just become familliar with the fact that I should have appealed or that I had anything to appeal about as I was not given any information regarding the changes taking place at the time. It seems the only answer they give out is "you've had your 365 days!"
Already in just the few short weeks since my benefit stopped my life has been turned upside down & the stress is making my anxiety & depression worse, on top of the physical problems that prevent me from working these issues & my fibro fog are making life very confusing

Hi p,

If you are not entitled to IR ESA, and cannot work to gain the necessary NI Contributions to again be entitled to CB ESA, you have two possible options.

1. You can make a late appeal up to 13 months after the date on the decision notice letter informing you that you were placed into The WRAG.

This can be done using the GL24 Form, which can be downloaded, and printed off (from around page 20) from the link on this page :

How to submit an appeal

As you will see late appeals are covered on page 10 of the document.

The DWP have been pretty lenient with late appeals for ESA, and the fact that you were not aware of the complexities of ESA may well be accepted as "Good Cause" for a late appeal.

See also : How long do I have to appeal?

From our : Appeals FAQ’s

If your late appeal to be placed into The SG is accepted, they will look again at whether you should have been placed into The SG at the time of the adverse WRAG award only, and not how you have been since that time.

Qualifying for the Support Group

From our : ESA FAQ’s

There is also an ESA appeals guide on this page :

ESA Claims Guides

See also : Disability Rights UK Factsheet - Appeals and reconsiderations

&

MOJ Video of ESA Appeals Process and Tribunal

If for any reason your late appeal was not allowed, or more than 13 months has elapsed, then your other alternative would be :

2. If your health conditions have deteriorated or you now suffer from different medical conditions since the time of the WRAG award, you can request a supersession/review to be placed into The SG.

You could request a supersession/review by letter, including evidence, or you could use the GL24, as long as you make it absolutely clear that you are requesting a "Supersession/Review" and not an "Appeal".

This would involve filing in another ESA50, and a fresh ESA WCA.

If you were successfully placed into The SG as the result of a late appeal, this would be backdated to the time of the original WRAG award, and it would be as if you had never been in The WRAG, therefore you would still have your full 365 days entitlement to CB ESA in the WRAG, for any such future award.

If you were successfully placed into The SG as the result of a supersession, CB ESA in the SG would only be reinstated from the time of the superceding SG award, and your 365 days entitlement to payment of CB ESA in the WRAG would still be exhausted.

There is no 365 day limit to payment of CB ESA in The SG for as long as you remain in The SG , see :

12 Month Limit for ESA(CB)

bro58

bro58 wrote:

poppy wrote: I am not entitled to income-related ESA as my husband works 45 hours a week. It was just over a year ago that I was assessed so what forms do I need to fill in or contact DWP about? I have only just become familliar with the fact that I should have appealed or that I had anything to appeal about as I was not given any information regarding the changes taking place at the time. It seems the only answer they give out is "you've had your 365 days!"
Already in just the few short weeks since my benefit stopped my life has been turned upside down & the stress is making my anxiety & depression worse, on top of the physical problems that prevent me from working these issues & my fibro fog are making life very confusing

Hi p,

If you are not entitled to IR ESA, and cannot work to gain the necessary NI Contributions to again be entitled to CB ESA, you have two possible options.

1. You can make a late appeal up to 13 months after the date on the decision notice letter informing you that you were placed into The WRAG.

This can be done using the GL24 Form, which can be downloaded, and printed off (from around page 20) from the link on this page :

How to submit an appeal

As you will see late appeals are covered on page 10 of the document.

The DWP have been pretty lenient with late appeals for ESA, and the fact that you were not aware of the complexities of ESA may well be accepted as "Good Cause" for a late appeal.

See also : How long do I have to appeal?

From our : Appeals FAQ’s

If your late appeal to be placed into The SG is accepted, they will look again at whether you should have been placed into The SG at the time of the adverse WRAG award only, and not how you have been since that time.

Qualifying for the Support Group

From our : ESA FAQ’s

There is also an ESA appeals guide on this page :

ESA Claims Guides

See also : Disability Rights UK Factsheet - Appeals and reconsiderations

&

MOJ Video of ESA Appeals Process and Tribunal

If for any reason your late appeal was not allowed, or more than 13 months has elapsed, then your other alternative would be :

2. If your health conditions have deteriorated or you now suffer from different medical conditions since the time of the WRAG award, you can request a supersession/review to be placed into The SG.

You could request a supersession/review by letter, including evidence, or you could use the GL24, as long as you make it absolutely clear that you are requesting a "Supersession/Review" and not an "Appeal".

This would involve filing in another ESA50, and a fresh ESA WCA.

If you were successfully placed into The SG as the result of a late appeal, this would be backdated to the time of the original WRAG award, and it would be as if you had never been in The WRAG, therefore you would still have your full 365 days entitlement to CB ESA in the WRAG, for any such future award.

If you were successfully placed into The SG as the result of a supersession, CB ESA in the SG would only be reinstated from the time of the superceding SG award, and your 365 days entitlement to payment of CB ESA in the WRAG would still be exhausted.

There is no 365 day limit to payment of CB ESA in The SG for as long as you remain in The SG , see :

12 Month Limit for ESA(CB)

bro58

Hi P,

N.B.

If you are still within the 13 months, do not delay at all in sending off the GL24. It will be enough to simply write that you do not agree with the WRAG award decision made on DATE, and you wish to appeal it.

You can add that you will forward further information ASAP.

This will protect your right to make a late appeal, as once the 13 months has passed, that is it, there is no leeway whatsoever.

Sending Documents to the DWP or ATOS

bro58