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Help on support group decision please
- lizzie23
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10 years 4 months ago - 10 years 4 months ago #114258 by lizzie23
Help on support group decision please was created by lizzie23
I didn't think I would need your help again but here I am.
My ESA CB payments ended after 365 days on May 1st. Prior to this I requested a supersesion as my current condition had deteriorated and I now had three more conditions.
I was sent ESA50 from to complete by Atos by the 4th June which I did. They took until 4th August to advise that I was still in the Wrag group. I appealed the decision and at Tribunal in November I was placed in Support Group for a recommended time of two years. I didn't even have to go to the Tribunal as my evidence was so strong.
I was over the moon and have been waiting for letter advising me that my payments would be reinstated in Support Group as effectively my claim is still open.
However on Saturday morning I received an ESA318 letter and an ESA1 form with 52 pages to complete. I rang the DWP this morning and they have told me that I do have to complete and return it because my old claim has effectively ended to to the 365 day restriction, and they cannot make payments until I complete and return form.
My question is this. My husband has gone back to work to support us and that is why I was placed in the ESAcb initially. This form is for means testing. I thought that the support group was exempt from means testing? Please can you help me. I am beyond upset at the moment.
My ESA CB payments ended after 365 days on May 1st. Prior to this I requested a supersesion as my current condition had deteriorated and I now had three more conditions.
I was sent ESA50 from to complete by Atos by the 4th June which I did. They took until 4th August to advise that I was still in the Wrag group. I appealed the decision and at Tribunal in November I was placed in Support Group for a recommended time of two years. I didn't even have to go to the Tribunal as my evidence was so strong.
I was over the moon and have been waiting for letter advising me that my payments would be reinstated in Support Group as effectively my claim is still open.
However on Saturday morning I received an ESA318 letter and an ESA1 form with 52 pages to complete. I rang the DWP this morning and they have told me that I do have to complete and return it because my old claim has effectively ended to to the 365 day restriction, and they cannot make payments until I complete and return form.
My question is this. My husband has gone back to work to support us and that is why I was placed in the ESAcb initially. This form is for means testing. I thought that the support group was exempt from means testing? Please can you help me. I am beyond upset at the moment.
Last edit: 10 years 4 months ago by Gordon.
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10 years 4 months ago #114259 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Help on support group decision please
Lizzie
Unfortunately, when a claimants payments of ESA(CB) cease due to the time limit and they are not eligible for ESA(IR), they are no longer entitled to ESA and their claim is closed, if the period is short between the removal of payments and their being placed in the Support Group, the claim can be re-activated, but if it is longer then it needs to be restarted from scratch and this involves an ESA1.
The ESA1, whilst it includes financial and asset information can be completed as a Contribution Based claim, Part 1 of the form allows you to indicate whether an Income Related claim is being made or not, you need to tick "no" and complete the form with your details only.
I would also mark it as "re-instatement of ESA(CB)" just to make sure it is not treated as a completely new claim.
Gordon
Unfortunately, when a claimants payments of ESA(CB) cease due to the time limit and they are not eligible for ESA(IR), they are no longer entitled to ESA and their claim is closed, if the period is short between the removal of payments and their being placed in the Support Group, the claim can be re-activated, but if it is longer then it needs to be restarted from scratch and this involves an ESA1.
The ESA1, whilst it includes financial and asset information can be completed as a Contribution Based claim, Part 1 of the form allows you to indicate whether an Income Related claim is being made or not, you need to tick "no" and complete the form with your details only.
I would also mark it as "re-instatement of ESA(CB)" just to make sure it is not treated as a completely new claim.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- lizzie23
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10 years 4 months ago #114262 by lizzie23
Replied by lizzie23 on topic Help on support group decision please
Dear Gordon,
Thank you for your advice. I was not aware that the claim was effectively closed after 365 days as we still receive NI credits. My health has deteriorated substantially since my payment year finished so if they do not reinstate by benefits then all the stress I have endured to appeal will have been for nothing.
I will do as you recommend and only complete my details and I will let you know what happens.
We are so lucky to have you for advice. Thank you. I don't know how we would manage without you.
Thank you for your advice. I was not aware that the claim was effectively closed after 365 days as we still receive NI credits. My health has deteriorated substantially since my payment year finished so if they do not reinstate by benefits then all the stress I have endured to appeal will have been for nothing.
I will do as you recommend and only complete my details and I will let you know what happens.
We are so lucky to have you for advice. Thank you. I don't know how we would manage without you.
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