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ESA Advice Please
- maverick_spirit
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6 years 1 month ago #208950 by maverick_spirit
ESA Advice Please was created by maverick_spirit
My local authority is becoming a full service area for universal credit in Summer 2018 (delayed yet again).
I have a number of questions in relation to this and ESA, which I’d really appreciate some advice on.
While DWP correspondence has never explicitly stated this, I believe I am on purely contributions-based ESA. An occupational pension exceeds my applicable amount for ESA, as it has done since my claim started. None of my correspondence from the DWP shows an income-related top-up. I have also received a P60 tax certificate for each year from the DWP for ESA (my understanding is that contributions based ESA is taxable, while income-related ESA is not).
Am I right to say, then, from this that what I have been receiving since my claim’s inception appears to be purely contributions-based ESA?
When my area becomes a full service area for universal credit, does this affect my ESA claim or does it continue to run as it is?
If, for example, I had to claim for housing costs via universal credit would my ESA claim be migrated over to UC (something I’d rather avoid)?
Also, I’ve been in the ESA support group for several years now without reassessment (I was also recently awared Standard Daily Living PIP for 3 years after many years on DLA) – my understanding is that the maximum term between reassessments is usually around 3 years. Is it possible that they’ve done paper reassessments without informing me based on evidence given in my initial claim? Are there any other explanations you could suggest?
Finally, with regard to the end to repeat WCAs for some claimants, I may qualify as I have a severe and lifelong disability, am in the Support Group, have been for a considerable time and seem to meet the 4 criteria in the DWP Severe Conditions Guidance. In terms of moving into work, I do permitted work currently (authorised by the DWP), though my healthcare professionals consider that this is therapeutic and that I’m at the limits of my capabilities in terms of what I do workwise (and that to attempt anymore would create significant risk of relapse in the medium to long-term future). Have you any experience yet of anyone having a case successfully argued to remain in the support group with no more repeat WCAs along similar lines or any general feedback on how this process is going?
Many thanks.
I have a number of questions in relation to this and ESA, which I’d really appreciate some advice on.
While DWP correspondence has never explicitly stated this, I believe I am on purely contributions-based ESA. An occupational pension exceeds my applicable amount for ESA, as it has done since my claim started. None of my correspondence from the DWP shows an income-related top-up. I have also received a P60 tax certificate for each year from the DWP for ESA (my understanding is that contributions based ESA is taxable, while income-related ESA is not).
Am I right to say, then, from this that what I have been receiving since my claim’s inception appears to be purely contributions-based ESA?
When my area becomes a full service area for universal credit, does this affect my ESA claim or does it continue to run as it is?
If, for example, I had to claim for housing costs via universal credit would my ESA claim be migrated over to UC (something I’d rather avoid)?
Also, I’ve been in the ESA support group for several years now without reassessment (I was also recently awared Standard Daily Living PIP for 3 years after many years on DLA) – my understanding is that the maximum term between reassessments is usually around 3 years. Is it possible that they’ve done paper reassessments without informing me based on evidence given in my initial claim? Are there any other explanations you could suggest?
Finally, with regard to the end to repeat WCAs for some claimants, I may qualify as I have a severe and lifelong disability, am in the Support Group, have been for a considerable time and seem to meet the 4 criteria in the DWP Severe Conditions Guidance. In terms of moving into work, I do permitted work currently (authorised by the DWP), though my healthcare professionals consider that this is therapeutic and that I’m at the limits of my capabilities in terms of what I do workwise (and that to attempt anymore would create significant risk of relapse in the medium to long-term future). Have you any experience yet of anyone having a case successfully argued to remain in the support group with no more repeat WCAs along similar lines or any general feedback on how this process is going?
Many thanks.
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- Gordon
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6 years 1 month ago #208962 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Advice Please
maverick_spirit
I agree you appear to be only receiving ESA(CB)
Universal Credit does not effect Contribution Based benefits such as (ESA(CB) so your ESA will be unaffected if you have to claim UC for other reasons.
They may have deferred your reassessment but they should have sent you a Decision Letter if a Decision had been made without you needing to participate in the process.
We have had a handful of members report that they have been excused further assessment, I haven't seen any reports of this on the other sites that deal with benefits, so it's not happening often.
I'll be honest and this is just an opinion, but I think that your doing Permitted Work, whatever the reason, will preclude you from being excused, but I could be wrong.
I agree you appear to be only receiving ESA(CB)
Universal Credit does not effect Contribution Based benefits such as (ESA(CB) so your ESA will be unaffected if you have to claim UC for other reasons.
They may have deferred your reassessment but they should have sent you a Decision Letter if a Decision had been made without you needing to participate in the process.
We have had a handful of members report that they have been excused further assessment, I haven't seen any reports of this on the other sites that deal with benefits, so it's not happening often.
I'll be honest and this is just an opinion, but I think that your doing Permitted Work, whatever the reason, will preclude you from being excused, but I could be wrong.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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