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TOPIC: DWP exempt list but received ESA50. HELP!

DWP exempt list but received ESA50. HELP! 7 years 4 months ago #37620

  • chills
Is it advisable to fill in the form anyway, or would it be better to contact the office dealing with my claim, to allow them to check if I should fill in ESA50? Very confusing circumstances...

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Re:DWP exempt list but received ESA50. HELP! 7 years 4 months ago #37623

Hi Chills

Are you currently claiming IB or ESA?

Derek

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Re:DWP exempt list but received ESA50. HELP! 7 years 4 months ago #37627

  • chills
Hi, Thank you for responding. I was claiming IB but received ESA50 form instead after claim made over the phone, when my health deteriorated so that I was no longer able to continue work. I had expected to go back on prevoius benefits but was told over the phone that any prior decisions (re: 52 week protection of benefits as I am in work) were no longer valid...

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Re:DWP exempt list but received ESA50. HELP! 7 years 4 months ago #37637

If you stop claiming benefits to begin work but then stop working and reclaim, you may be allowed to return to your previous benefit on the same rate or terms as before.

To do this you have to satisfy one of the linking rules. You can return to your previous benefit on the same rate or terms as before:

* if you reclaim incapacity benefit, income support, council tax benefit or housing benefit within 8 weeks.
* if you reclaim employment and support allowance within 12 weeks.
* if you reclaim incapacity benefit, income support, council tax benefit or housing benefit within 104 weeks and you are considered to be a welfare to work beneficiary. You are considered to be a welfare to work beneficiary if you have been incapable of work for 196 days. This can include any period where you were on statutory sick pay. You must also start work within one month of your entitlement to benefit ceasing.

If you do not fit into the above categories the linking rules will not apply, and therefore if you are required to reclaim benefit as a result of illness/disability, you will have to claim ESA and will at some point (usually within 13 weeks of the claim) have to undergo the work capability assessment.

Unfortunately under the ESA regulations, there are very few automatic exemptions as was previously the case with IB.

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

Re:DWP exempt list but received ESA50. HELP! 7 years 4 months ago #37644

  • chills
Thank you. will fill in the form anyway and phone them to ask if linking rules apply in my case. is it possible to ask them for IB113 to take to my GP? Seeems they have not sent one yet. & I would like to see what is written before they get it.
Nb: Info on this site is invaluable! Thanks to all who despite their own problems, take the time to help others. I will keep the site posted on outcome of my case.
cheers

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Re:DWP exempt list but received ESA50. HELP! 7 years 4 months ago #37645

  • originaldave
Crazydiamond wrote:

If you stop claiming benefits to begin work but then stop working and reclaim, you may be allowed to return to your previous benefit on the same rate or terms as before.

To do this you have to satisfy one of the linking rules. You can return to your previous benefit on the same rate or terms as before:

* if you reclaim incapacity benefit, income support, council tax benefit or housing benefit within 8 weeks.
* if you reclaim employment and support allowance within 12 weeks.
* if you reclaim incapacity benefit, income support, council tax benefit or housing benefit within 104 weeks and you are considered to be a welfare to work beneficiary. You are considered to be a welfare to work beneficiary if you have been incapable of work for 196 days. This can include any period where you were on statutory sick pay. You must also start work within one month of your entitlement to benefit ceasing.

If you do not fit into the above categories the linking rules will not apply, and therefore if you are required to reclaim benefit as a result of illness/disability, you will have to claim ESA and will at some point (usually within 13 weeks of the claim) have to undergo the work capability assessment.

Unfortunately under the ESA regulations, there are very few automatic exemptions as was previously the case with IB.


Is the person in one of the areas where they are testing the change over ?

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