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Tribunal lettet

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5 years 7 months ago #217792 by MissK
Tribunal lettet was created by MissK
So I recieved my letter from the tribunal it said the appeal,is allowed, saying I had limited capability for work etc, and theybtold me I could still claim
Esa
Then i get a letter this morning saying I am in the Wrag, and because it is CB, I can no longer claim anything , so is that it, my payments stopped in Dec, which I realy need, what am I supposed to do now, what was the point of putting me through all that for nothing

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5 years 7 months ago #217800 by Gordon
Replied by Gordon on topic Tribunal lettet
MissK

It's important to understand that your ESA claim has not been closed, it is your payments that have been stopped.

The DWP should have checked whether you are eligible for Income Related ESA, if you are then then your payments should be reinstated from the day after your ESA(CB) ended. ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See

Asset and savings rule for ESA(IR)

24 hour work rule for ESA(IR)

Gordon

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

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5 years 7 months ago #217817 by MissK
Replied by MissK on topic Tribunal lettet
Thankyou, my husband works so I wont qualify for IR, so what is the point of my claim being open, I know they still pay my NI, but aive got more than enough towards my pension

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5 years 7 months ago #217854 by Gordon
Replied by Gordon on topic Tribunal lettet

MissK wrote: Thankyou, my husband works so I wont qualify for IR, so what is the point of my claim being open, I know they still pay my NI, but aive got more than enough towards my pension


If your condition deteriorates and you can show that you meet one of the SG Descriptors then you can be placed back in that group and your ESA(CB) put back into payment. If you close your claim then you will not be able to claim ESA again unless there is a significant change in your circumstances.

Gordon

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

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