Contribution based ESA stopped after 365 days!

I have been on IB since 2000. I was assessed for ESA last year and it was awarded for 18 months and I was put into the work related activity group. I thought that this meant I would get the benefit for 18 months, be reassessed (when they would again see I am unable to work) etc etc. This being a check to ensure I was not claiming benefit I was not entitled to.

I have now received a letter stating that in February I will have received this benefit (contribution based ESA) for 365 days and it will be stopped completely! I rang Job Centre Plus and they said the only way to reinstate the benefit is for me to be put in the support group, however it is too late to appeal against the initial decision.

My disability means I am still unable to work and unlikely to work in the future. I have been told I cannot appeal against the original decision as it was a year ago but can I be assessed from scratch again with a view to being put in the support group? My disability has worsened and I now have various aids at home to help me as previously I was relying on my husband for things like help to get downstairs, bath and get to the toilet. Would I being able to be assessed from scratch again on this basis?

Any help or advice you could give would be gratefully received as this sudden change in benefit that I was not expecting is causing a great deal of stress.

Many thanks for taking the time to read this.

Hi Angie,

Welcome to the forum. This link should help explain how to find things on the site.

Welcome to Benefits and Work

I'm afraid that Contributory ESA has been time limited to 365 days, for anyone not in the Support Group, for some years now.

12 Month Limit for ESA(CB)

You can actually appeal against the original decision for up to 13 months but you might have a problem showing Good Cause for the delay.

If your condition has worsened since then, and you can provide evidence of this, such that you now meet Support Group descriptors then your best bet might be to contact DWP and ask for a Supersession of your claim. This would initiate another ESA50 form +/- a face2face assessment. It is possible that your award could be removed all together but this would be appealable.

Have a look at the Support Group descriptors so that you can be sure you meet at least one, otherwise you have no chance of being allocated to this group.

Qualifying for the Support Group

Your only other route to reinstatement of payments would be if you were able to meet the Income Related criteria. These look at the income and assets of you + your husband and you are automatically excluded if your husband works for 24 hours or more per week.

24 hour work rule for ESA(IR)

If/when you have further questions please reply to this message and we will do our best to help. You might wish to bookmark/favourite it on your web browser now so that you can find it easily in future

Sorry - x posted with Gordon!

Thanks Mrs HB. A lot of information there!

Yes my condition has worsened since I was transferred from IB to ESA and occupational therapy came out and assessed me. I was given a commode, a bath lift, an extra handrail on my stairs and a handrail to help me get in and out of the front door. A physiotherapist also assessed me and supplied 2 walking sticks for me to use upstairs and another two for downstairs. This has helped me a great deal indoors but I really struggle getting out and about.

It seems that asking for a supersession of my claim may be the best thing to do. Is there any information you can give me about how this works? Will my current benefit be stopped the moment I ask for this to happen?

I have just been checking back on dates. My ATOS medical was in July 2014 although the ESA started on in February 2015. By that time I was much worse and found it hard to leave the house. This resulted in the visits from Occupational Therapy and Physiotherapist. I have looked at the support group descriptors and yes, I do meet at least one.

Again any advice you can give would be appreciated. Many thanks.

Thanks Gordon

Does that mean I need a letter from my doctor? Or would confirmation of the additional aids I now need to manage be sufficient?