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TOPIC: Assessment Phase and time limit on ESA

Assessment Phase and time limit on ESA 6 years 7 months ago #83635

  • birdyanne
What will happen to claimants who are still in the assessment phase after one year? My husband has been on ESA(C) for just over a year. It is now 21 weeks since we sent in the ESA50 and it is still in the pile. Is the DWP paying ESA till the claimant has a medical despite the 12 month limitation?

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Last Edit: by Gordon.

Re:Assessment Phase and time limit on ESA 6 years 7 months ago #83640

birdyanne wrote:

What will happen to claimants who are still in the assessment phase after one year? My husband has been on ESA(C) for just over a year. It is now 21 weeks since we sent in the ESA50 and it is still in the pile. Is the DWP paying ESA till the claimant has a medical despite the 12 month limitation?

The target time for new ESA claims is 13 weeks and whilst there is no equivalent for claimants being transferred to ESA from other benefits, it should not be significantly different, as to re-assessments, this ought, in principle to be shorter.

Have you contacted the DWP to find out what is delaying our husbands claim?

With regard to your original question, whilst there is no DWP guidance on this matter at the moment, we would expect someone still being assessed, who has already spent a year in the WRAG while receiving ESA(CB), to have their payments stopped to prevent an overpayment, with backpayment of the oustanding monies if they are placed in the Support Group.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:Assessment Phase and time limit on ESA 6 years 7 months ago #83642

Time spent in the assessment phase will count towards the 365 day time limit, unless it is immediately followed by entitlement to the ESA support component.

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:Assessment Phase and time limit on ESA 6 years 7 months ago #83647

  • birdyanne
Thank you for all your help. DWP states the delay is due to a backlog of claims.It will be interesting to see what happens to all those claimants who are neither in the WRAG or support after a year. My MP is involved. A letter he received from Lord Freud states Jobcentreplus strives to provide a prompt and efficient service. Will keep you posted.

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Last Edit: by Mrs Hurtyback.
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