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New medical evidence for new ESA50?

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8 years 7 months ago - 8 years 2 months ago #140675 by Gordon
Replied by Gordon on topic New medical evidence for new ESA50?
Camly91

If you were on ESA(IR) then you would also receive the Enhanced Disability Premium for being in the SG, you are not so it must be ESA(CB) only. The Top Up Payment is because your IB was paid at a higher rate than your current ESA.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 2 months ago by .

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8 years 7 months ago #140677 by LilacGem
Replied by LilacGem on topic New medical evidence for new ESA50?

The payment of ESA(IR) is dependant on your household income, your savings and assets and any hours that a partner works,

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

A re-assessment will not itself result in your having to claim ESA(IR), however, if an assessment removes your from the SG and you have spent or spend a total of 365 days outside of the SG then your ESA(CB) payments will be stopped, See

12 Month Limit for ESA(CB)

Gordon


thanks Gordon I have read the links but
I still have 2 questions please

1) I'm aware that if I were to be put in the WRAG I would only have 365days of CB before it changed to IB (I've never been in the WRAG before) & I would then need to watch my savings/assests total. (I have no partner so that's not a factor).
But what rules determine how long you can be getting contribution based SG ESA... I mean I've been getting it for 4yrs but presumably the Contribution based aspect of any award is not permanent, so what determines when they change a CB SG award to an IB SG award? Is it predictable when/if that will happen to me?

2)Is there any way to find out whether they would consider a regular gift from family (in order to pay for more care) 'income'. The relative I spoke of is elderly & loves me & is prepared to make sacrifices to help me have a better quality of life with more support - So I don't want to end up being changed to IB SG without warning, them declaring her gift income & deducting my entitlement accordingly & her ending up sacrificing some of her pension just to enable the govt to pay me less, rather than to give me a better life.

I hope that makes sense, thanks.

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8 years 7 months ago - 8 years 2 months ago #140678 by LilacGem
Replied by LilacGem on topic New medical evidence for new ESA50?

Gordon wrote: Camly91

If you were on ESA(IR) then you would also receive the Enhanced Disability Premium for being in the SG, you are not so it must be ESA(CB) only. The Top Up Payment is because your IB was paid at a higher rate than your current ESA.

Gordon


That's reassuring Gordon thank you
Last edit: 8 years 2 months ago by .

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8 years 7 months ago - 8 years 2 months ago #140680 by Gordon
Replied by Gordon on topic New medical evidence for new ESA50?

Camly91 wrote:

The payment of ESA(IR) is dependant on your household income, your savings and assets and any hours that a partner works,

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

A re-assessment will not itself result in your having to claim ESA(IR), however, if an assessment removes your from the SG and you have spent or spend a total of 365 days outside of the SG then your ESA(CB) payments will be stopped, See

12 Month Limit for ESA(CB)

Gordon


thanks Gordon I have read the links but
I still have 2 questions please

1) I'm aware that if I were to be put in the WRAG I would only have 365days of CB before it changed to IB (I've never been in the WRAG before) & I would then need to watch my savings/assests total. (I have no partner so that's not a factor).
But what rules determine how long you can be getting contribution based SG ESA... I mean I've been getting it for 4yrs but presumably the Contribution based aspect of any award is not permanent, so what determines when they change a CB SG award to an IB SG award? Is it predictable when/if that will happen to me?

2)Is there any way to find out whether they would consider a regular gift from family (in order to pay for more care) 'income'. The relative I spoke of is elderly & loves me & is prepared to make sacrifices to help me have a better quality of life with more support - So I don't want to end up being changed to IB SG without warning, them declaring her gift income & deducting my entitlement accordingly & her ending up sacrificing some of her pension just to enable the govt to pay me less, rather than to give me a better life.

I hope that makes sense, thanks.


I think your confusion may derive from thinking of ESA(CB) and ESA(IR) as separate benefits they are not, there is only ESA, however, there are two methods of deciding eligibility for the benefit, your NI Contribution history and your financial situation.

So claimants can be paid ESA(CB) on it's own, ESA(IR) on it's own or ESA(CB) with an ESA(IR) top up.

There is no time limit for the payment of ESA(CB) while you are in the SG, although you may in fact be eligible for an ESA(IR) top-up to your existing payments.

In principle you could ask the DWP about these potential payments, if you do then make the request in writing to the office that deals with your claim, the call centre staff will have neither the knowledge nor the authority to give you an answer. However, I would be surprised if they were willing to provide a reply as any answer will be at the discretion of the Decision Maker and dependant on what the law says at the time that the issue arises.

To be clear you will not receive ESA(IR) unless you ask for it.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 2 months ago by .

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8 years 7 months ago #140686 by LilacGem
Replied by LilacGem on topic New medical evidence for new ESA50?
There is no time limit for the payment of ESA(CB) while you are in the SG, although you may in fact be eligible for an ESA(IR) top-up to your existing payments.

To be clear you will not receive ESA(IR) unless you ask for it.


I get that the contribution/income based thing is the basis that you are paid ESA on, rather than being a different benefit, but it's the swapping of contribution to income based payments when you're in the WRAG that's confused me I think.

So let me see if I understand this correctly.....
once they've decided you qualify for ESA they then decide on what basis to pay you... & if they decide you have paid enough contributions in the past then you get CB & if not then they check your entitlement to IB.
So... as long as you stay in the SG then whatever basis they start paying you on is how it will remain? So as I have always been in the SG on CB only payments, that will continue indefinitely (assuming they keep me in the SG). There would be no reason for them to suddenly decide ''no more payments based on yr contributions, we're now going to check whether you qualify based on yr income/assets" in the future (unless they put me in the WRAG)?
Is that right?
Or is it changeable each time based on the DM's opinion & the rules around NI contributions at the time of each assessment?

really sorry if I'm being dense Gordon, my condition does cause a fair amount of cognitive dysfunction I struggle processing new/complex information. your patience is much appreciated.

Regarding the possible gift payments it seems impossible to know for sure then, & I think it'll probably better if I get her to pay for my care directly then, if we can find some way to do that easily. I can see that they wouldn't want to answer that question & I don't particularly want to ask them anyway as the DWP scare me to death!

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8 years 7 months ago - 8 years 2 months ago #140689 by Gordon
Replied by Gordon on topic New medical evidence for new ESA50?
Camly

The assessment process has nothing to do with whether you receive ESA(CB) or ESA(IR) nor can a Decision Maker switch you from payment method to another..

As long as you remain in the SG then you can continue to receive ESA(CB) and even if you are transferred to the WRAG you would still be entitled to 365 days of ESA(CB).

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 2 months ago by .

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