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ESA Time Limit in 2012

  • Calan
  • Topic Author
12 years 10 months ago #59024 by Calan
ESA Time Limit in 2012 was created by Calan
Sorry if this is a long question.

I have just recieved some imformation about the migration from IB to ESA from my very friendly MP. In it states that from April 2012 ESA will be limited to one year including for those people who have migrated from IB.

Can someone let me know if this means that if I am put into the WRAG after my medical then my ESA would stop after 12 months?

Also if I am found fit to work and appeal, and the appeal takes 11 months as seems standard - then would I only be eligable for a couple of months extra payments before ESA stopped completely?

I get a pension from my previous employer of £4800 per annum which means I would not qualify for normal ESA or JSA.

As I would be unable to do any work would I be able to qualify for Housing and Council Tax benefit without signing on as unemployed and going through all that entails?

I am 57 years old and am in that unlucky group who have to wait another 2 years to qualify for Pension credit, so it looks like at best I have another 7 years of living on the bread line.

I would be gratful for any advice anyone has to give, and if someone can tell me if the imformation I have been given is accurate.

Is there much point going through all the stress of the medical and an appeal only to have the money stopped anyway?

It really does seem that this government are stacking the odds against anyone with health problems.

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12 years 10 months ago #59028 by Gordon
Replied by Gordon on topic Re:ESA Time Limit in 2012
Calan wrote:

Sorry if this is a long question.

I have just recieved some imformation about the migration from IB to ESA from my very friendly MP. In it states that from April 2012 ESA will be limited to one year including for those people who have migrated from IB.

It is expected that there will be a one year limitation for members of the WRAG, but not the Support Group

Can someone let me know if this means that if I am put into the WRAG after my medical then my ESA would stop after 12 months?

Yes, unless the legislation is amended.

Also if I am found fit to work and appeal, and the appeal takes 11 months as seems standard - then would I only be eligable for a couple of months extra payments before ESA stopped completely?

You could only expect ESA(CB) for a few months, but would be eligible for ESA(IR) subject to a means test.

I get a pension from my previous employer of £4800 per annum which means I would not qualify for normal ESA or JSA.

Your pension would be deducted from our ESA(IR) allowance, this may mean that you would receive no payments.

As I would be unable to do any work would I be able to qualify for Housing and Council Tax benefit without signing on as unemployed and going through all that entails?

You would still retain an underlying entitlement to ESA(IR) even if you received no payment and this may mean you would still qualify for HB and CTC, but you would need to get face to face advice from a benefits advisor to confirm this.

Gordon

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

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  • Andy
12 years 10 months ago #59032 by Andy
Replied by Andy on topic Re:ESA Time Limit in 2012
Calan wrote:

... if I am found fit to work and appeal, and the appeal takes 11 months as seems standard - then would I only be eligable for a couple of months extra payments before ESA stopped completely?

Is there much point going through all the stress of the medical and an appeal only to have the money stopped anyway?

I may be misreading your post Calan, but I wanted to make sure you know that any award by an appeal tribunal is backdated so you would get the WRAG increment from week 14 of your claim, not from the tribunal date. And you receive the assessment rate while waiting for your appeal, which might help with cash-flow!

I'm in a similar situation - wouldn't be eligible for income-based ESA, so (assuming I win my appeal) my benefit will be cut off in April next year. But I figured that (a) a year's worth of ESA was probably worth the hassle and (b) I wasn't going to let the buggers intimidate me. Having said that, it really has to be a personal decision depending on how stressful you find this kind of stuff.

Finally, bear in mind that you can withdraw from the process at any stage, which
I personally found a significant factor in deciding to go for it!

Andy.

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  • Calan
  • Topic Author
12 years 10 months ago #59043 by Calan
Replied by Calan on topic Re:ESA Time Limit in 2012
Thanks Gordon & Andy - Grim isn't it.

Andy I like your style mate - I'll probably do the same. I have a very good MP who will be more than happy to stir things up.

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