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ESA - Support Group and 365 day rule

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6 years 1 month ago #207403 by Terri
Good afternoon.
I am a long-time user of B&W but havent posted recently. I have been claiming ESA since 2015, in the WRAG. My NI Contributions ran out August 11th 2017, and since then have been receiving NI Contributions only.
HOWEVER in September 2017 I became seriously ill and had to have surgery to remove part of my bowel. Without going into too much detail, it has left me automatically eligible for the Support Group due to a leaking Colostomy. I had a F2F in October 2017, and the Assessor only assessed me on the Colostomy and associated problems, and pretty much told me i qualified for SG. Didnt ask any other health related questions.
I have received a letter today, saying that they are unable to pay me ESA as I have exhausted the 365 day allowance.....I rang DWP, and the lady on the phone (who didnt usually answer ESA calls but tried her best) told me there was a note on my file saying that I was in SG....
Am I right in thinking that the Support Group ISNT subject to the 365 day rule, and that I should recieve payment?
I am waiting for a callback from someone at Jobcentre, (they quoted 24 hours, we'll see!) but Id like to have as much information to hand as possible.
Thanks in advance
Terri

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6 years 1 month ago #207444 by Gordon
Replied by Gordon on topic ESA - Support Group and 365 day rule
Terri

Providing there are no reasons why your claim would have been closed since your payments have been stopped then your being placed in the SG should result in your ESA(CB) being re-instated from the date that your reported the Change of Circumstances.

Have you had a Decision Letter yet?

Gordon

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

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6 years 1 month ago #207450 by Terri
Replied by Terri on topic ESA - Support Group and 365 day rule
Thank you for your prompt reply Gordon.
I have had a letter, but whether it is a decision letter, well your guess is as good as mine!
It says that they are unable to pay me as I have reached the maximum of 365 days that I can use to get CB ESA but there is no mention of any decision having been reached. It also gives details of how to do a Mandatory reconsideration but I guess this is part of the standard letter template.

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6 years 1 month ago #207469 by Gordon
Replied by Gordon on topic ESA - Support Group and 365 day rule
Terri

At this point all I can suggest is that you phone the DWP for an update, you need written confirmation that you are in SG and you also need to query the letter that you have received that says no payment.

Once you have a clear picture of where you are then you can decide what it is that you need to do.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Terri

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6 years 1 month ago #207492 by Terri
Replied by Terri on topic ESA - Support Group and 365 day rule
Thanks again Gordon, Ill wait and see if I get the promised callback tomorrow and if not Ill ring them again.

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6 years 1 month ago #207517 by Terri
Replied by Terri on topic ESA - Support Group and 365 day rule
Hello again. Great news, DWP just rang (exactly 24 hours as promised!) and confirmed that my payments are to be reinstated at SG rates, backdated to my assessment date last October! Im still shaking from the news.
Thanks again to everyone who contributes to Benefits and Work, the information on this site has made the entire claim and assessment process more tolerable due to the amount of information I had at my disposal, and it gave me the confidence that I should carry on!
:) :) :) :) :) :) :) :) :) :) :) :) :) :) :) :) :) :) :) :) :) :) :)
The following user(s) said Thank You: ivyfox

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