ESA 365 Day Rule?

Hello Mods & All,

I seem to be amongst the last to be transferred from Incapacity Benefit to ESA and every day I expect it to happen. Meanwhile I have been reading your excellent Guides inside out and have encountered a question that I currently cannot answer and it’s because of the experience of a friend of mine.

He was transferred to WRAG about 12 months ago, Contributions Based, which he was told would run out after 365 days. However, they sent him a new Questionnaire to complete a few weeks before the date and when he returned the form he was told that his WRAG would continue for another 365 days, Contributions Based.

Unless I have missed or misunderstood something (which is always very likely with me!) I thought it says in your Guide that ESA Contribution Based can only last for 365 days no matter what, have I misread it guys?

I am asking because any day now I expect to be receiving the brown envelope and I want to try to make sure I understand ESA from all angles, if at all possible!!

Thanks in anticipation.
Bill.

Hi Gordon,

Thanks for your reply.

Well, he showed me his letter and though I cant recall the exact wording it said that as from a date in November he would get ESA CB for 365 days but his money would be reduced from around £105 to around £100 per week. This represents his second 365 day period.

No mention of Income Related or NI Credits just that his ''top up'' or maybe it said ''transitional'' extra amount would no longer be paid as it had been in the first 365 days. Thus the reduction of around £5.00.

He is too frightened to telephone them and ask for anything so although I think he qualifies for Income Related he will never know if it continues like this.

Does this sound right to you Gordon, or are they altering things around somewhat maybe?

Cheers
Bill

The 365 day limit is absolute, there is no 'wiggle room' at all. The only way your friend can be continuing to receive payments is if he has been awarded Income-related ESA. I understand his reluctance to 'rock the boat' but I do feel that he should query this with DWP. If this is an error, he will be building up an over-payment that he would be asked to return (whether DWP can enforce repayment if they are in error is debatable, but it is not a nice situation to be in!).

Thank you for that Mrs HB; all I can say is that the letter is very clear even if it is a mistake. I will however tell him that he really should call them to clarify the matter.

If he does that I will return here to this topic and let you know what the outcome is.

Many thanks once again.
Bill