ESA payment stopped
SW wrote: Hi to all! Hope somebody reading this can throw some light my way, please. I have also been claiming long term Incapacity Benefit, along with Industrial Injuries Benefit, and went onto contributions based ESA last year. I've also now been told that this will cease as 've claimed the 365 days. I'm in the WRAG and have been visiting a Seetec centre weekly since October last year. I' m confused at the ESA being stopped as during the Seetec sessions we were told that we would be able to claim ESA for two years while we were being readied for the workplace. Has anyone else been told this? The whole thing has been a bit of a joke, just loads of people hobbling into this place, made to search on a computer for jobs we aren't fit for then let out again. Thanks.
Hi SW,
Welcome to Benefits and Work
As you were transferred over from IB to ESA, you would be entitled to CB ESA, see :
What will I be transferred to?
From our :
IB, IS, SDA, Migration to ESA FAQ’s
As a result of The Welfare Reform Act 2012, you are only entitled to 365 days payment of CB ESA if you are not in The Support Group. (SG)
12 Month Limit for ESA(CB)
From our : ESA FAQ’s
So even though you may have a 2 year prognosis on your WRAG award, this does not mean that you would continue to receive payment of CB ESA for the 2 years.
How often will I be reviewed
You could make a request to be financially assessed to see whether you are entitled to Income Related ESA once your CB ESA ceases.
You would need to fill in an ESA 3 Form, this will capture your personal and financial details, and you will be means tested with respect to capital, assets, savings, household income and any hours worked by your partner. (if you have one)
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
If you are not entitled to IR ESA, payment of CB ESA will cease, even though you will still have an assessment of Limited Capability for Work. (LCW) (WRAG)
Instead, you will receive NI Credits only which will go towards your State Pension only.
As you would not be in receipt of payment of CB ESA, you would not have to comply with any further WRA requirements.
However, you would still have to undergo regular assessments (ESA50 etc) to maintain a continuous assessment of LCW, and receipt of NI Credits.
The advantage here, is that if you can gain access to The SG at a review or reassessment, then payment of CB ESA would be reinstated, and would remain in payment for as long as you remained in The SG.
Other options :
1. If you feel that you should have been placed into The SG at the time of the adverse WRAG award, you can make a late appeal up to 13 months after the date of the letter giving you the adverse WRAG decision by using GL24 Form,(as the WRAG decision was prior to 28/10/13) which can be downloaded from the link on this page :
How to submit an appeal
From our :
Appeals FAQ’s
See also : Qualifying for the Support Group
There is also an ESA Appeals Guide on this page :
ESA Claims Guides
You would have to show good cause for the late appeal, which could be that you did not fully understand the intricacies of the 2 groups system of ESA.
2. If your condition has deteriorated or changed since the date of The WRAG award, you could request a review/supersession of said award.
This would involve you providing medical evidence, and going through a reassessment (ESA50, etc)
If none of the above are applicable, the only way that you would be entitled to CB ESA once more (besides getting into The SG at some future reassessment) would be to gain the requisite number of NI Contributions from employment.
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Please reply to this topic if you have any queries.
bro58
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