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65 week rule
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10 years 10 months ago #123199 by banger
65 week rule was created by banger
I am on contributary ESA and DLA for both physical and mental health grounds. I worked for about 12 years or more up til 2000 then was diagnosed with heart and mental health problems so I went onto Incapacity Benefit after a DWP medical in 2000.
I was re-assessed for ESA last year without a meidical and asked for all my documentation under an SRA to find my doctors giving one word answers on their forms with unhelpful comments like "he manages" and his mental health "is complicated", but I digress.
I believe I am getting NI credits (not sure) but what is this 65 week rule I have read about here and in the newsletter? My DLA is up for review in 2015 but no idea when my ESA will be reviewed. Will I be called in after 65 weeks or expected to apply for income related ESA? The documents sent to me under the SRA (many) dont mention an ESA review.
I was re-assessed for ESA last year without a meidical and asked for all my documentation under an SRA to find my doctors giving one word answers on their forms with unhelpful comments like "he manages" and his mental health "is complicated", but I digress.
I believe I am getting NI credits (not sure) but what is this 65 week rule I have read about here and in the newsletter? My DLA is up for review in 2015 but no idea when my ESA will be reviewed. Will I be called in after 65 weeks or expected to apply for income related ESA? The documents sent to me under the SRA (many) dont mention an ESA review.
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10 years 10 months ago #123200 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic 65 week rule
Tim
The "65 week rule" refers to a newspaper article in which a JC+ staff member is alleging that they have instructions to report vulnerable ESA claimants for benefit fraud when they have been in receipt of ESA for 65 weeks in an effort to force the claimants into work or off of ESA.
As you are apparently only receiving NI Credits this of no relevance to you as you are not required to attend WFIs at your local JC+ office.
If you become eligible for ESA(IR), I assume you have already checked whether you are or not, then WFIs, Work Related Activity and this "rule" would be relevant to you.
Gordon
The "65 week rule" refers to a newspaper article in which a JC+ staff member is alleging that they have instructions to report vulnerable ESA claimants for benefit fraud when they have been in receipt of ESA for 65 weeks in an effort to force the claimants into work or off of ESA.
As you are apparently only receiving NI Credits this of no relevance to you as you are not required to attend WFIs at your local JC+ office.
If you become eligible for ESA(IR), I assume you have already checked whether you are or not, then WFIs, Work Related Activity and this "rule" would be relevant to you.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 10 months ago #123201 by banger
Replied by banger on topic 65 week rule
Yikes now Im worried, I have no idea if I am getting NI credits or not or when/if contributary ESA will run out. How can I tell I have no review date?
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10 years 10 months ago #123202 by banger
Replied by banger on topic 65 week rule
I have just found the letter transferring me to ESA and it says I AM getting NI credits and getting contrib. ESA but no review date. How does this work I understand if you paid in you get the credits but how much do you have to pay in?
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10 years 10 months ago #123205 by Gordon
Looking back at your previous posts you were placed in the Support Group on transfer from IB to ESA about 10 months ago, on this basis you will be receiving ESA(CB), however, as you are in the SG you are not required to attend WFI's or participate in WRA, so you should be left alone until your claim is re-assessed.
If you have a copy of your ESA85A, the prognosis is used to set when your claim will be looked at again, failing that you can phone the ESA Helpline and they should be able to get the date from the DWP computer system.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic 65 week rule
Tim wrote: Yikes now Im worried, I have no idea if I am getting NI credits or not or when/if contributary ESA will run out. How can I tell I have no review date?
Looking back at your previous posts you were placed in the Support Group on transfer from IB to ESA about 10 months ago, on this basis you will be receiving ESA(CB), however, as you are in the SG you are not required to attend WFI's or participate in WRA, so you should be left alone until your claim is re-assessed.
If you have a copy of your ESA85A, the prognosis is used to set when your claim will be looked at again, failing that you can phone the ESA Helpline and they should be able to get the date from the DWP computer system.
Gordon
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10 years 10 months ago #123207 by Gordon
The NI Credits are paid because you a consider to have Limited Capability for Work, you qualified for ESA(CB) because of your previous history when receiving IB.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic 65 week rule
Tim wrote: I have just found the letter transferring me to ESA and it says I AM getting NI credits and getting contrib. ESA but no review date. How does this work I understand if you paid in you get the credits but how much do you have to pay in?
The NI Credits are paid because you a consider to have Limited Capability for Work, you qualified for ESA(CB) because of your previous history when receiving IB.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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