help my esa been stopped!!!

I have just recieved a letter saying my esa will stop in january as i have recieved 365 days of contribution based esa !!!! my husband works more than 24 hrs a week so i cannot claim anything what do i do!! I cannot work and we cannot manage on his wage alone

Yes, ESA is limited to 365 days payment for people in the WRAG. after that, if not entitled to income-related ESA, NI credits will be made on the claimant's behalf but no payment will be made - unless placed in the Support Group at a future reassessment.

12 Month Limit for ESA(CB)

As this suggests, even though no longer in receipt of payment, and not obliged to undertake Work Focused Interviews etc, the claimant will still be subjected to periodic reassessments for as long as they are deemed to have continuous entitlement to ESA.

We do not advise on other benefits, so I suggest that you have a look at the 'turn2us' site to see if there is anything else to which you might be entitled

Turn2us

As long as it is less than 13 months since the original decision to award you WRAG, as is likely if your 365 days has not yet been exhausted, then you can still appeal if you think you meet any of the Support Group criteria. You will have to show 'good cause' for the late appeal.

Qualifying for the Support Group

How long do I have to appeal?

How to submit an appeal

Our appeals FAQs are here

Appeal FAQs

and you should have (another?) look at our ESA guides

ESA claims and appeals

DWP will carry out a mandatory reconsideration before your case is submitted to the Tribunal. I'm afraid it is highly possible that your case will not be decided in time to stop payments being discontinued. However, if successful, the Support Group component would be backdated and payment would continue as there is no 365 day limit for those in the Support Group.

There is a lot here for you to take in. I suggest that you bookmark this topic so that you can return to it easily. Please ask any further questions here, rather than starting a new topic, as it helps us if everything is kept in one place

When the 365 days are up you phone JCP and they will send you an ESA3 04/13. They may move you onto a support group or put you in income based ESA or refuse anything.