ESA Support Group but not eligible for payments?

Can anyone clarify a point re ESA Support Group please?

When IB switched to ESA my claim was accepted and I was placed in the WRAG group. I challenged this as I believed it should have been support group. However after a lengthy, stressful appeal and attending a tribunal hearing, I lost and because my benefit had already been paid for 365 days it stopped from January last year.

My health continued to be problematic and when it deteriorated later in the year, I decided,with some trepidation after the horrendous Tribunal experience to make a NEW claim for ESA, but armed with your guidelines, which were invaluable, I did it. THANK YOU.

This morning I rang to chase progress as I haven't heard anything since completing the ESA50 in February! Eventually, after a rather strange conversation with a vague and muddled lady at the Benefit Centre she said there was a note on my file to say I've been placed in the Support Group. 'Hurrah!! At last!!' I wanted to shout. Good news. I might even forgive that 'the system hasn't generated a letter' to advise me of this small point! But my bubble was very brutally burst when the lady advised me that I still wasn't eligible for any monthly payments as my work pension and maintenance for my son from my ex husband took me well over the minimum amount deemed by the Government sufficient to live on.

I was under the impression that once you were in the Support Group, there was no more jumping through hoops and you were paid, no quibbles, no more battling, the 365 day rule didn't apply etc etc??

Over the last 2 years, as well as the appeals process and tribunal I've gone through, I've divorced my adulterous ex and moved house. I now have a mortgage and being on my own, losing £450 a month has been a massive blow financially. I get a pension from my old employer as I had to retire when I was only 32. (16 years ago) I'm unsure whether I'm in-eligible because I haven't paid enough NI contributions? If I haven't, it's because, of course, I had to retire so young!

Can anyone confirm if ESA in Support Group is means tested please, or point me in the direction of some clear guidelines to clarify? And apologies for going on. I'm just voicing my disappointment as I just cannot believe that I can be eligible for ESA and in the support group but do I really still get NOTHING? It all seems so unfair.

Hi D,

Welcome to Benefits and Work

A very important extract from your post :

"My health continued to be problematic and when it deteriorated later in the year, I decided,with some trepidation after the horrendous Tribunal experience to make a NEW claim for ESA, but armed with your guidelines, which were invaluable, I did it. THANK YOU."

Did you actually CLOSE your existing ESA Claim and make a totally NEW ESA Claim ?

Or, did you write to them requesting a review/supersession of your existing WRAG award to gain access to The SG due to a change/deterioration in your medical conditions.

If you closed your ESA Claim and made a NEW Claim this could mean that you had lost any future entitlement to CB ESA in The SG.

Therefore, even though you may be placed into The SG as the result of a NEW claim, as you would not have entitlement to CB ESA, you would be financially assessed to see whether you had entitlement to Income Related (IR) ESA.

In that case, Household income such as your Works Pension would be offset £ for £ against any IR ESA that you may be entitled to and if this income equalled or exceeded your maximum IR ESA entitlement it would cancel it out.

If you did not CLOSE your claim, and just requested a review of your existing WRAG Award, your CB ESA payments in The SG should be reinstated from the date that you requested the review. (or the date of the ESA50)

This being the case, CB ESA is not liable to a means test regarding Household Income, etc, although any payments of a Works Pension in excess of £85/Week will be deducted at a rate of 50 pence in the pound of the excess from your weekly CB ESA.

bro58

Hi D,

An important add-on, that may or may not be relevant !

If you did formally CLOSE your original ESA (WRAG Award) Claim, but made a NEW ESA claim within 12 weeks of formally closing the previous claim, your entitlement to payment of CB ESA in The SG may still exist.

This is because there is a 12 Week Linking Rule that can link entitlement from one claim to another if the new claim is made within 12 weeks of closing the previous claim.

bro58