If you appeal ESA decision is basic rate "Contribu

Hello all a couple of questions.

I recieve ESA Contribution based and I have two questions.

1) If I for instance fail a medical and I appeal the decision I am aware I would get the basic rate of ESA however, would this basic rate ESA still be "Contribution" based? or income based?

2) I heard there may have been some new rule coming in that if someone failed an ESA medical and they appealed that they would NOT pay the person the basic rate until the DWP looked again at the decision and there is no time limit for the DWP to look again at the decision hence leaving the person being potentially without any income for months OR to sign onto JSA? Is there any news on that?

ANy help appreciated.

Thanks for that, sorry I dont think I explained enough in my pervious email. Ill explain a little more.

1) I receive ESA Contribution based In Support Group

If I for instance I am called for a medical and fail the medical and I appeal the decision. I am aware I would get the basic rate of ESA however, would this basic rate ESA which I would receive while awaiting a court hearing still be "Contribution" based? or income based based?

The reason I asked was because I read

"The DWP are now taking the line that:

- ESA after appealing is a new claim, though new claim is required
- it initiates a new assessment phase
- after a successful appeal, the FfT decision is to be implemented only as far as the new award of ESA, from whence, a new LCW assessment is to be applied.

There is one possible problem… JC tends to treat payments of ESA on appeal as being on a new claim. If the two claims are seperated by a change in benefit years (1st Sunday in January) then it is feasable that the first assessment phase rate was CB-ESA and the appeal-assessment-phase rate is IR-ESA."

www.rightsnet.org.uk/forums/viewthread/1033/

www.rightsnet.org.uk/forum-ar...index6e08.html

Does this mean if I have a medical, then fail and I no longer qualify for the Contribution based ESA, I would be put onto Income related ESA? As I did not qualify for IR ESA when I originally applied and would not now either, potentially leaving me for many months without an income.

Ie to explain a litter better

1. Customer has left the assessment stage and now receives ESA CB in the Support group and gets £105.05 per week. Customer does not qualify for IR ESA due to savings. (Customer also receives DLA Lower rate Mobility – Middle rate Care, this question is not about DLA though)

2. At a later date the customer receives an ESA50 and customer sends off ESA 50.

3. Customer is sent for a medical and fails or customer is put in work related activity ESA

4. Customer appeals decision.

5. Would customer receive IR Related ESA or Contribution based ESA? (Customers savings are still the same as when customer was not eligible for IR ESA on original claim)

My other question is

2) Please can you tell me from your experience, how long between an Applicant who is on CB ESA – Support group (and receives DLA Lower rate Mobility – Middle rate Care, this question is not about DLA though) and being sent an ESA50 and reassessed and then being left in the support group to them being sent another ESA50. I am aware it is different for different people and there is no set time period but what “kind” of time ranges have you known this for people ie for some people it has been 3 months, some 6 months, some 1 year, some 2 years, some 3 years for some people.

So wondering what time periods “other” people have had who were in the Support group on CB ESA (and recieved DLA Lower rate Mobility – Middle rate Care, this question is not about DLA though) in-between sending off an ESA50, being assessed and being left in the support group on ESA CB to then being sent another ESA50?

IE

1. Customer has left the assessment stage and now receives ESA CB in the Support group and gets £105.05 per week. (Customer also receives DLA Lower rate Mobility – Middle rate Care, this question is not about DLA though)

2. At a later date the customer receives an ESA50 and customer sends off ESA 50.

3. Customer is reassessed and no medical is required and is left in the Support group ESA CB at £105.05 per week.

4. How long will it be before the customer receives another ESA50? I am aware it varies for others, but from your experience with other people has it been 3 months, some people 6 months, some people 1 year, some people 2 years etc?

Any help appreciated.

neptune1980 wrote: Thanks for that, sorry I dont think I explained enough in my pervious email. Ill explain a little more.

1) I receive ESA Contribution based In Support Group

If I for instance I am called for a medical and fail the medical and I appeal the decision. I am aware I would get the basic rate of ESA however, would this basic rate ESA which I would receive while awaiting a court hearing still be "Contribution" based? or income based based?

The reason I asked was because I read

"The DWP are now taking the line that:

- ESA after appealing is a new claim, though new claim is required
- it initiates a new assessment phase
- after a successful appeal, the FfT decision is to be implemented only as far as the new award of ESA, from whence, a new LCW assessment is to be applied.

There is one possible problem… JC tends to treat payments of ESA on appeal as being on a new claim. If the two claims are seperated by a change in benefit years (1st Sunday in January) then it is feasable that the first assessment phase rate was CB-ESA and the appeal-assessment-phase rate is IR-ESA."

www.rightsnet.org.uk/forums/viewthread/1033/

www.rightsnet.org.uk/forum-ar...index6e08.html

Does this mean if I have a medical, then fail and I no longer qualify for the Contribution based ESA, I would be put onto Income related ESA? As I did not qualify for IR ESA when I originally applied and would not now either, potentially leaving me for many months without an income.

Ie to explain a litter better

1. Customer has left the assessment stage and now receives ESA CB in the Support group and gets £105.05 per week. Customer does not qualify for IR ESA due to savings. (Customer also receives DLA Lower rate Mobility – Middle rate Care, this question is not about DLA though)

2. At a later date the customer receives an ESA50 and customer sends off ESA 50.

3. Customer is sent for a medical and fails or customer is put in work related activity ESA

4. Customer appeals decision.

5. Would customer receive IR Related ESA or Contribution based ESA? (Customers savings are still the same as when customer was not eligible for IR ESA on original claim)

My other question is

2) Please can you tell me from your experience, how long between an Applicant who is on CB ESA – Support group (and receives DLA Lower rate Mobility – Middle rate Care, this question is not about DLA though) and being sent an ESA50 and reassessed and then being left in the support group to them being sent another ESA50. I am aware it is different for different people and there is no set time period but what “kind” of time ranges have you known this for people ie for some people it has been 3 months, some 6 months, some 1 year, some 2 years, some 3 years for some people.

So wondering what time periods “other” people have had who were in the Support group on CB ESA (and recieved DLA Lower rate Mobility – Middle rate Care, this question is not about DLA though) in-between sending off an ESA50, being assessed and being left in the support group on ESA CB to then being sent another ESA50?

IE

1. Customer has left the assessment stage and now receives ESA CB in the Support group and gets £105.05 per week. (Customer also receives DLA Lower rate Mobility – Middle rate Care, this question is not about DLA though)

2. At a later date the customer receives an ESA50 and customer sends off ESA 50.

3. Customer is reassessed and no medical is required and is left in the Support group ESA CB at £105.05 per week.

4. How long will it be before the customer receives another ESA50? I am aware it varies for others, but from your experience with other people has it been 3 months, some people 6 months, some people 1 year, some people 2 years etc?

Any help appreciated.

Hi n1980,

Please try and keep your posts to a shorter format, it has taken me all my time to sift out your actual queries.

With respect to 1. If you are entitled to CB ESA only, then that is what you will be paid, whether it be at Assessment Rate ESA, ESA in The WRAG, or ESA in The SG.

You are only entitled to 365 days payment of CB ESA, unless you are in The SG, in which case you will continue to receive it for as long as you are in The SG :

12 Month Limit for ESA(CB)

Therefore, in the scenario that you pose, if you are now in The SG, and at a future reassessment you were found fit for work, and appealed and provided a fit note, you would have 365 days entitlement to payment of CB ESA at The Assessment Rate, if your appeal took longer than the 365 days, then payment would cease, and you would receive nothing unless you qualified for IR ESA, by passing the means test :

Asset rule for ESA(IR)

24 hour work rule for ESA(IR) .

The same would apply if you were placed into The WRAG, you would only have 365 days entitlement to payment before it ceased. Therefore, this could also cease waiting for an appeal hearing, as above.

The recommended period of time before you are reassessed is known as The prognosis, this varies from one claimant to another.

See : How often will I be reviewed

The prognoses for The SG tend to be longer, the maximum period being 3 years.

You can probably find this out by phoning The DWP, or requesting The ESA85 or ESA85A Medical Report, see :

ESA Forms

ESA medical – what forms to ask for?

I think that I have answered your queries, as a lot of the information in your post is superfluous.

bro58