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365 day limit for CB ESA
- Inan
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10 years 5 months ago - 10 years 5 months ago #113847 by Inan
365 day limit for CB ESA was created by Inan
I wonder if anyone can point me in the right direction. I am sure I have read somewhere (but cannot remember where) that if someone had been on Incapacity Benefit/ESA Wrag Group since a certain date (have 2001 in my head) then they are exempt from the 365 day rule. Is this correct or have I been dreaming?
Last edit: 10 years 5 months ago by Gordon.
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10 years 5 months ago #113850 by Gordon
I am afraid that there is no such exemption, the 365 day limit applies to all claimants receiving ESA(CB) whilst in the WRAG.
Gordon
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Replied by Gordon on topic 365 day limit for CB ESA
Inan wrote: I wonder if anyone can point me in the right direction. I am sure I have read somewhere (but cannot remember where) that if someone had been on Incapacity Benefit/ESA Wrag Group since a certain date (have 2001 in my head) then they are exempt from the 365 day rule. Is this correct or have I been dreaming?
I am afraid that there is no such exemption, the 365 day limit applies to all claimants receiving ESA(CB) whilst in the WRAG.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 5 months ago - 10 years 5 months ago #113973 by Inan
Replied by Inan on topic 365 day limit for CB ESA
I think I have started to confuse myself. Is there any exemption for an occupational pension being disregarded as income when considering IB ESA? What I am thinking of is when an occupational pension has been in place for a long time (June 2000).
Last edit: 10 years 5 months ago by Gordon.
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10 years 5 months ago #113981 by Gordon
If your Occupational Pension was disregarded under IB then it will continue to be disregarded under ESA as long as you continue to receive ESA(CB). Please be aware, that the exemption does not apply to ESA(IR), that you may be eligible for if you spend more than 365 days in the WRAG.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic 365 day limit for CB ESA
Inan wrote: I think I have started to confuse myself. Is there any exemption for an occupational pension being disregarded as income when considering IB ESA? What I am thinking of is when an occupational pension has been in place for a long time (June 2000).
If your Occupational Pension was disregarded under IB then it will continue to be disregarded under ESA as long as you continue to receive ESA(CB). Please be aware, that the exemption does not apply to ESA(IR), that you may be eligible for if you spend more than 365 days in the WRAG.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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