× Members

Time limit on contribution based ESA after appeal?

  • Katherine
  • Topic Author
12 years 10 months ago #56576 by Katherine
I won my ESA appeal today (6 points to 15). Thanks to Benefits and Work for all the advice and a great site.

I realise I'm going to have to wait a few weeks to hear from the DWP but seem to remember reading somewhere that contribution based ESA (which I'm on) is now limited to one year only. I failed my ATOS medical in Feb 2010 and have been waiting all this time for the appeal. I'm assuming that I'll be back paid the difference between the two ESA rates for the period between the failed medical and the appeal decision but am worried about the one year rule. Will they stop my ESA now because I've been on it for longer than a year or even limit the back payment?

I'd be grateful to hear from anyone who knows about this.

Katherine

Please Log in or Create an account to join the conversation.

More
12 years 10 months ago #56580 by Derek4
Hi Katherine

Congratulations for winning your appeal.

The one year time limit hasn't been passed into law yet, but it's likely to take affect from around April 2012, so you should be OK until this date.

Regards

Derek

Please Log in or Create an account to join the conversation.

More
12 years 10 months ago #56582 by Gordon
Katherine

The one year rule for ESA(CB) is not yet law, and even when passed will not come into affect until April 2012, so you have at least 11 months of benefit before this wil come into affect.

As you summised, you should be paid the difference in rates, backdated to when the original Decision was made.

It may be worth you contacting the DWP and sending a copy of your Tribunal letter to them, as it often takes ages for them to process a Tribunal result.

Gordon

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

Please Log in or Create an account to join the conversation.

More
12 years 10 months ago #56590 by Gareth56
Hopefully the amendment to increase the 1 year to 2 years will be successful, even better if Clause 51 was thrown out; but I fear that as this time limiting of CB ESA if in the WRAG is supported to some extent by the labour party the best we can hope for is it's lengthened.

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

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.