Login FormClose

Free ESA, PIP and DLA Updates

With over 140,000 subscribers our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare.   Get your free benefits updates now.
Welcome, Guest
Username: Password:
Remember me
Members
  • Page:
  • 1
  • 2

TOPIC: ESA (CB) to ESA (IR) ?

ESA (CB) to ESA (IR) ? 3 months 7 hours ago #197226

Hi Folks. A couple of quick questions.

My brother had an ESA assessment recently and was moved from the Support Group to the ESA WRAG (CB) group. As far as I know. ESA (CB) only lasts a year – will he then be eligible for ESA (IR)? He has no savings, property or income, and hasn't worked since the late '80s.

Also, a neighbour of mine, following an ESA assessment, has had her money stopped (as far as I know she was in the Support Group) and has been told she needs to sign on. She is planning to appeal, and has asked for a Mandatory Reconsideration. What happens now? How long do these MRs tend to take? Should she tell the Jobcentre staff she's planning to appeal? And after she's had the MR (which I assume will uphold the decision) and she starts the appeal process, will she then be able to move from JSA to ESA at the assessment rate?

Thanks.

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

ESA (CB) to ESA (IR) ? 3 months 7 hours ago #197227

  • Gordon
  • Away
  • Posts: 32403
eusabius

Does you brother have a partner who is working? Their income will be taken into account and also the hours that they work.

24 hour work rule for ESA(IR)

AS to your friend, MRs average 5-8 weeks but they can be quicker and they can be longer. Once the MR is completed then they should be able to receive the ESA Assessment rate while they wait for an appeal hearing.

Once their claim for JSA is accepted and in payment then they can present a new Fit Note and be excused from JSA Claimant Commitment for up to 13 weeks.

Gordon

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

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

ESA (CB) to ESA (IR) ? 3 months 3 hours ago #197244

Thanks Gordon.

No, my brother lives alone....so would he then be likely to qualify for ESA (IR)?

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

ESA (CB) to ESA (IR) ? 3 months 1 hour ago #197249

eusabius wrote: Thanks Gordon.

No, my brother lives alone....so would he then be likely to qualify for ESA (IR)?


It sounds highly likely. He should ask DWP for an ESA3 to assess his financial situation. If he does that now, he might be entitled to an income-related 'top up' which would give him automatic entitlement to things such as free prescriptions.
The following user(s) said Thank You: eusabius

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

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

ESA (CB) to ESA (IR) ? 2 months 4 weeks ago #197316

Thank you Mrs Hurtyback.
My brother is now wondering whether he should have been awarded Contribution-based ESA at all. As I said, he hasn't worked since the late '80s, has no savings/property/income, and lives alone - shouldn't this mean that he should be receiving Income-related ESA?

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

ESA (CB) to ESA (IR) ? 2 months 4 weeks ago #197322

  • Gordon
  • Away
  • Posts: 32403

eusabius wrote: Thank you Mrs Hurtyback.
My brother is now wondering whether he should have been awarded Contribution-based ESA at all. As I said, he hasn't worked since the late '80s, has no savings/property/income, and lives alone - shouldn't this mean that he should be receiving Income-related ESA?


He would not be receiving ESA(CB) if he did not qualify for it! Was he on a another benefit before ESA?

Gordon

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

Nothing on this board constitutes legal advice - always consult a professional about specific problems
  • Page:
  • 1
  • 2
Moderators: bro58GordonMrs Hurtyback