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ESA change of circumstance

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4 years 2 weeks ago #253053 by organic
Replied by organic on topic ESA change of circumstance

Gordon wrote: organic

Your NS ESA will end after 365 days unless you are in the Support Group at that time.

A WCA will still be done even if you are not receiving payments, it is worth your chasing Maximus to try and arrange one.

www.chdauk.co.uk/contact-us

If you are placed in the SG then you will receive back payment of SG component from the beginning of week 14 of your claim.

Gordon


Hello,

I have tried to chase up when my WCA will be.

I have been told by the CHDA that until an appointment is actually made for a telephone assessment or a F2F they are unable to tell me when my WCA will be.

I have raised my concerns with the DWP that my (CB) NS ESA will end after 365 days in January.

I was told there is nothing else the DWP can do as Medical Services have everything they need to carry out a WCA.

I was advised by the DWP to make a claim for UC before my NS ESA ends in January. I am not currently eligible for UC. I was told if my ESA payments end in January my ESA claim may migrate over to UC anyway. Is this true? Can the DWP migrate my ESA claim over to UC when payments end? I was under the impression from Gordon that I could stay on ESA after my payments have ended while I wait for a WCA.

Is there anything else I can do to chase up my WCA? Make a complaint to the CHDA or the DWP? Contact my MP?

I appreciate your help with this matter.

Kind regards,

organic

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4 years 1 week ago #253076 by Gordon
Replied by Gordon on topic ESA change of circumstance
organic

I would involve your MP.

www.parliament.uk/get-involved/contact-a...ord/contact-your-mp/

Gordon

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4 years 4 days ago #253428 by organic
Replied by organic on topic ESA change of circumstance
Hi,

I have contacted my MP to chase up my WCA as Gordon recommended.

I received a letter from the DWP advising me that as my 365 days of CB NS ESA is coming to an end I may be entitled to IR ESA if I have a low household income.

They have advised me to get in touch if I want to be assessed for IR ESA. Is it still possible to claim IR ESA or will I be told to apply for UC instead?

I am not sure if I am eligible for IR ESA. I am in the middle of a divorce. My wife and I have completed the Decree Nisi stage. Will the DWP disregard my wife as my partner and accept that I am now single or will they still consider us as married? The letter states IR ESA is not usually payable if you have a partner working 24 hours or more a week and joint savings over £16,000.

My wife intends to buy out my share of the equity. Is there a period of time IR ESA will disregard this money if I intend to use it for a deposit on a shared ownership property?

I appreciate your help.

Kind regards.

organic

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4 years 4 days ago #253444 by Gordon
Replied by Gordon on topic ESA change of circumstance
organic

From your previous posts you must be receiving New Style ESA, there is no Income Related ESA component to this, your only option is to claim Universal Credit.

It should be possible for you to make a claim for UC on your own even if you are still living with your wife, you will need to provide details of the divorce proceedings but this is unfortunately not that an uncommon situation.

You should be able to get a 26 disregard of any money that is leftover from the sale of your home, it could be longer, you will need to provide evidence that you intend to use the money for the purchase of a new home. Once the sale is agreed contact the DWP.

Gordon

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4 years 3 days ago #253492 by organic
Replied by organic on topic ESA change of circumstance

Gordon wrote: organic

From your previous posts you must be receiving New Style ESA, there is no Income Related ESA component to this, your only option is to claim Universal Credit.

Gordon


Hi Gordon,

I am a bit confused by your response.

Why would the DWP encourage me to be assessed for income related ESA if it is not possible to even claim it while I am on contribution based new style ESA? Can I not be assessed for it now and payment start when my 365 days of contribution based new style ESA ends? Why would the DWP not just advise me to call up and apply for Universal Credit instead?

If I do apply for either IR ESA or UC do I have to complete a new ESA50 / UC50 form, provide a new fit note and new supporting evidence? Will I lose the backdated Support Group element I may be entitled to if I stay on CB NS ESA and wait for a WCA?

I appreciate your help.

Kind regards,

organic

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4 years 3 days ago #253537 by Gordon
Replied by Gordon on topic ESA change of circumstance
organic

I suspect you have received a standard letter but one that is not applicable to New Style ESA.

I note from a previous post that you have said that you are not currently eligible for UC, if this is the case then even if you could receive ESA(IR) (I'm not saying that you could), then you would not be eligible for ESA(IR) either.

If you apply for UC and are accepted then your existing award will be transferred across, you will continue to receive your NS ESA but it will be deducted £ for £ from your UC, however, the LCWRA (Support Group) rate for UC is higher than the NS ESA one so you will still be better off.

Gordon

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