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Unfit for work, not entitled to contribution ESA
- linsky
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12 years 4 months ago #76282 by linsky
Unfit for work, not entitled to contribution ESA was created by linsky
I was signed as unit for work 8 weeks ago and subsequently told by DWP that I don't qualify for contribution based ESA.
As my wife in working, I would not be entitled to income related ESA and wonder what will be my position if I don't put in any further sick/fit notes as I don't want to be forced into a work related group just to get a stamp/contribution attributed to my account. It would simply seem ridiculous to put myself in a position to be forced into some kind of labour (that I am not fit for anyway) just to receive a credit of some sort.
I have received an ESA50 form with a formal request to have it sent back by the 7th December. I have not yet filled it in for the reasons above, I also have another fit note waiting for me at my GP Surgery. Can anyone please advise me of any options for me please?
R
As my wife in working, I would not be entitled to income related ESA and wonder what will be my position if I don't put in any further sick/fit notes as I don't want to be forced into a work related group just to get a stamp/contribution attributed to my account. It would simply seem ridiculous to put myself in a position to be forced into some kind of labour (that I am not fit for anyway) just to receive a credit of some sort.
I have received an ESA50 form with a formal request to have it sent back by the 7th December. I have not yet filled it in for the reasons above, I also have another fit note waiting for me at my GP Surgery. Can anyone please advise me of any options for me please?
R
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- altandubh
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12 years 4 months ago #76288 by altandubh
Replied by altandubh on topic Re: Unfit for work, not entitled to contribution ESA
I won an appeal and was placed in the limited capability for work category, after being told I was fit for work by Atos, but given 15 momths of not needing to look for work because of my illness. It is awful to be in this position, but you must fight it, put in an appeal, they pay you while you wait, its only the assessment phase money, but its backdated if you win. Chin up,
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- Gordon
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12 years 4 months ago #76291 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Unfit for work, not entitled to contribution ESA
linsky
Despite the name, you are not required to work when placed in the WRAG, althoughyou may be required to take part in Work Related Activity.
The "stamp" you reference counts toward your State Pension and therefore could affect the amount you paid when you retire.
The following FAQs explain the requirements for ESA(IR).
24 hour work rule for ESA(IR)
Asset rule for ESA(IR)
Income rule for ESA(IR)
If you wish to terminate your claim, you should contact the DWP as failing to return the ESA50 may not do this.
If you decide to continue then you must return the ESA50 as quickly as possible. See
How long do I have to complete the ESA50?
Hope this helps
Gordon
Despite the name, you are not required to work when placed in the WRAG, althoughyou may be required to take part in Work Related Activity.
The "stamp" you reference counts toward your State Pension and therefore could affect the amount you paid when you retire.
The following FAQs explain the requirements for ESA(IR).
24 hour work rule for ESA(IR)
Asset rule for ESA(IR)
Income rule for ESA(IR)
If you wish to terminate your claim, you should contact the DWP as failing to return the ESA50 may not do this.
If you decide to continue then you must return the ESA50 as quickly as possible. See
How long do I have to complete the ESA50?
Hope this helps
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- linsky
- Topic Author
12 years 4 months ago #76305 by linsky
Replied by linsky on topic Re:Unfit for work, not entitled to contribution ESA
Thanks for your reply. If I fail to send back the ESA50 would my claim not automatically expire when date on my fit ends?
Regards
Regards
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- Gordon
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12 years 4 months ago #76308 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Unfit for work, not entitled to contribution ESA
linsky wrote:
Further, by not returning the ESA50 and/or attending the medical, you would fail ESA due to a technical infringement, this has implications should you need to reclaim ESA witihin six months.
I would therefore recommend, if you do not want to continue your claim, that you withdraw it by contacting the DWP.
Gordon
Depending on your underlying conditions, ATOS may still proceed to a medical, even if the ESA50 is not returned.Thanks for your reply. If I fail to send back the ESA50 would my claim not automatically expire when date on my fit ends?
Regards
Further, by not returning the ESA50 and/or attending the medical, you would fail ESA due to a technical infringement, this has implications should you need to reclaim ESA witihin six months.
I would therefore recommend, if you do not want to continue your claim, that you withdraw it by contacting the DWP.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- linsky
- Topic Author
12 years 4 months ago #76312 by linsky
Replied by linsky on topic Re:Unfit for work, not entitled to contribution ESA
Thank you very much for your response.
Kind regards
Kind regards
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