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When is the Start of a Claim ?

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11 years 8 months ago - 11 years 8 months ago #110919 by Buckie
When is the Start of a Claim ? was created by Buckie
I'll use my dates as that's what were arguing about :lol:

I signed sick on the 4th December 2012, or on ESA as it is now. It took the DWP until April for my medical and June, until they announced I was fit for work so should join Job Seekers.

I Appealed their decision and it's currently STILL in the works, no date as yet.

When I win, as I know I will.
My benefit award (The little extra) will be back-dated right to the start of my claim "RIGHT" and not the appeal date ? I am right aren't I ?
Last edit: 11 years 8 months ago by Gordon.

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11 years 8 months ago #110920 by Gordon
Replied by Gordon on topic When is the Start of a Claim ?

Buckie wrote: I'll use my dates as that's what were arguing about :lol:

I signed sick on the 4th December 2012, or on ESA as it is now. It took the DWP until April for my medical and June, until they announced I was fit for work so should join Job Seekers.

I Appealed their decision and it's currently STILL in the works, no date as yet.

When I win, as I know I will.
My benefit award (The little extra) will be back-dated right to the start of my claim "RIGHT" and not the appeal date ? I am right aren't I ?


As you made a new claim for ESA any back dated payments will be made from the beginning of week 14 of your claim, in other words you will not receive back payments for the Assessment period which is classed as being the first 13 weeks of the claim.

If you are placed in the WRAG and are receiving ESA(CB) then your payments will be time limited to 365 days, this will be taken as starting from the beginning of your i.e. 4 December 2012.

Gordon

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

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11 years 8 months ago #110923 by Buckie
Replied by Buckie on topic When is the Start of a Claim ?
Oh well... wrong again then.

So start time, for back-date, is after 13 weeks, but my 365 day count-down starts from day one ?

Yep, that's fair... :woohoo:


Thanks, I thought it was from day one !

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11 years 8 months ago - 11 years 8 months ago #111006 by Buckie
Replied by Buckie on topic When is the Start of a Claim ?
One more question, if I may...

If say after my 365 days on ESA (CB) and I'm not entitled to ESA (IB) so left without any Benefit for say 6 weeks. If I'm lucky enough to be placed in the Support Group, would those 6 weeks be paid to me ?

do realise that if placed into the Support Group my contribution date or pointer is reset and would start from scratch when no longer in the Support Group !

Thanks all..
Last edit: 11 years 8 months ago by .

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11 years 8 months ago - 11 years 8 months ago #111008 by
Replied by on topic When is the Start of a Claim ?

Buckie wrote: One more question, if I may...

If say after my 365 days on ESA (CB) and I'm not entitled to ESA (IB) so left without any Benefit for say 6 weeks. If I'm lucky enough to be placed in the Support Group, would those 6 weeks be paid to me ?

do realise that if placed into the Support Group my contribution date or pointer is reset and would start from scratch when no longer in the Support Group !

Thanks all..


Hi B,

I am not quite sure what you mean, but if you are initially placed into the SG in receipt of CB ESA there is no 365 days limit to payment of CB ESA for as long as you remain in The SG.

If you are referring to a scenario of where you were initially placed into the WRAG in receipt of CB ESA, and successfully appealed to the SG after your 365 day entitlement to CB ESA in the WRAG had been exhausted, then yes, payment of CB ESA would be reinstated, and as it would be as if you had never been in The WRAG, you would still have your full 365 days entitlement to payment of CB ESA in the WRAG.

If you were initially placed into The WRAG, but did not appeal, and had exhausted your 365 days entitlement to payment of CB ESA in The WRAG, but were then placed into The SG at a future reassessment or as the result of a review due to a deterioration or change in your condition, then although payment of CB ESA would be reinstated, you would have lost your 365 days entitlement to payment of CB ESA in the WRAG, if you were againg placed into The WRAG in the future.


12 Month Limit for ESA(CB)

bro58
Last edit: 11 years 8 months ago by .

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11 years 8 months ago - 11 years 8 months ago #111011 by Buckie
Replied by Buckie on topic When is the Start of a Claim ?
Hi, sorry I wrote as if you knew what I was thinking…

I am currently awaiting an Appeal, and was wondering if that Appeal should not be heard in time (after the 365 days) and thus leaving me with no benefits, as I would not be entitled to ESA income based… Would I be paid (back-dated) for however long it took to have the Appeal heard ?

My question was, if for say, the Appeal was not heard for say a further 6 weeks (after the 365 days cut off) and I won the Appeal and was put into the Support Group, would that extra Lost “6 weeks” (if it took that long) without any benefit from the DWP be paid back to me ? As my thinking is, if put in the support group, my ESA (contribution based) would not have been ?

Thanks
Last edit: 11 years 8 months ago by Gordon.

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