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12 years 6 months ago #70087 by marie4543
ESA was created by marie4543
I have received two letters today. One from Jobcentre Plus with an appointment for 31st October for an interview with a personal adviser. The other letter is from DWP regarding the possible changes to ESA. My current ESA runs out 17.12.11. The letter basically states that if the proposed changes go ahead i.e a limit of 12 months for contribution-based ESA, although this won't be made law until spring 2012, the changes will be completed by end of 2011. As I have been on ESA for 18 months my benefits would stop automatically. I was originally awarded the ESA for CF, ME, Fibromyalgia and Epilepsy. I went to hospital today and have been advised that I need a total knee replacement and it is likely to be before Christmas. What happens in this case? I am still not fit enough to work and definately can't work after my operation for a while. I won't be entitled to Income Related due to my husbands salary. Will I be entitled to put a fresh claim in or does this mean I will just have to struggle? Any advise will be welcome.
:( :(

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  • RachelPotter
12 years 6 months ago #70091 by RachelPotter
Replied by RachelPotter on topic Re:ESA
Hi Marie, they can not stop your CBESA until the law is passed!!

The earliest it will stop is the 1st day of the new bill!

Maybe you should copy your DWP letter to your MP and point this out!

Best wishes,
Rachel

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12 years 6 months ago #70094 by Gordon
Replied by Gordon on topic Re:ESA
marie4543

This change will affect everybody receiving Contribution Based ESA who have been in the ESA WRAG for 12 months or more, although the limitation does not come into affect until 6th April 2012, so you will continue receive ESA, while you remain eligible, until then. Also, ESA does not "run out", although, you may be re-assessed in December.

The change mentioned above, does not apply to members of the Support Group, so if you believe your condition has deteriorated and that you now meet one, or more of the SG criteria, then you can apply to have your claim re-assessed, but I have to warn you that this will be a full evaluation and whilst it is rare, this can also result in a loss of benefit.

You don't say when you were last assessed, but if it was before March of this year, then it would have been using the old criteria. It would be worth your while reviewing the new ESA Claim guides in the Members Only area.

Gordon

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

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  • bro58
12 years 6 months ago #70095 by bro58
Replied by bro58 on topic Re:ESA
Hi M4543,

I am afraid that if the law is passed as is, that if you have been in receipt of Con/ESA for 12 months by April 2012, your Con/ESA will cease then.

If you can get put into the Support Group, no such 12 months limit will apply, while you remain in the Support Group.

As for IRESA as you correctly state, you would face a means test to be entitled to that.

Another alternative may be to make an application for DLA, this allowance is not means tested at all.

There are extensive guides on applying for DLA in the orange MEMBERS ONLY area on the left, there are also guides on ESA there also.

bro58

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12 years 6 months ago #70102 by marie4543
Replied by marie4543 on topic Re:ESA
Many thanks for the replies. I must admit after spending this morning at hospital it was the last thing I needed. However, your replies have helped me :) x

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