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MEANS TESTED ESA

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12 years 2 months ago #78895 by Wolf1
Replied by Wolf1 on topic Re:MEANS TESTED ESA
Thanks- sorry for asking two more questions:
1) page 5 of your info on ESA, it says:
"How long does ESA last for?
If you are in the support group it lasts for as long as your condition continues to make you eligible. If your condition does not improve and your difficulties remain the same you should remain in the support group indefinitely".

I assume "indefinitely" still only applies for 12 months if you don't qualify basis the rules for the means testing ???

2) I am acting on behalf of my partner, who has been HIV+ for 14 years. He did get the form, but no phone call. Just got a reminder to return the form by the 20th January, which has stressed him out yet again to a large extent. We are working on the forms, but he can only cope with 10 minutes each day. Any suggestion how we can get more time?

Many thanks and sorry for going on and on ...

Wolf

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12 years 2 months ago #78900 by Gordon
Replied by Gordon on topic Re:MEANS TESTED ESA
Wolf

I think you may of misunderstood our comments regarding time limiting.

The proposed time limit applies to time spent in the WRAG, not the Support Group, if a claimant has spent less than 365 (730?) days in the WRAG while receiving ESA(CB) and is now in the Support Group, then they will remain in the Support Group indefinitely, whilst they continue to meet the requirements.

With regard to the ESA50, There is no legal framework for the DWP to extend the period for completing the form, see

How long do I have to complete the ESA50?

I hope this explains it.

Gordon

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

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12 years 2 months ago #78901 by Wolf1
Replied by Wolf1 on topic Re:MEANS TESTED ESA
Thanks- I promise this is the last question :)

If somebody is in the Support Group and "continues to meet the requirements" (which, I assume, relates to the person's state of health) the person will "remain in the support group indefinitely" does this mean the benefit will be paid for longer than 12 months, even if the person's savings are over 16k?? Apologies for sounding stupid ... many thanks / Wolf

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12 years 2 months ago #78905 by Gordon
Replied by Gordon on topic Re:MEANS TESTED ESA
Wolf wrote:

If somebody is in the Support Group and "continues to meet the requirements" (which, I assume, relates to the person's state of health) the person will "remain in the support group indefinitely" does this mean the benefit will be paid for longer than 12 months, even if the person's savings are over 16k?? Apologies for sounding stupid ... many thanks / Wolf

If a claimant is receiving Contribution Based ESA then there is no means test related to any assets they may have.

If a claimant is receiving Income Related ESA, then there are means test on their income, assets, and whether a partner works. Being in the Support Group or not, is not relevant to this test being applied, nor is there any "grace" period associated with this.

So if a claimant is receiving ESA(IR) and has assets in excess of £16,000, then they would lose their eligibilty to ESA immediately. See

24 hour work rule for ESA(IR)

Asset rule for ESA(IR)

Income rule for ESA(IR)

Gordon

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

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  • bro58
12 years 2 months ago - 12 years 2 months ago #78908 by bro58
Replied by bro58 on topic Re:MEANS TESTED ESA
Wolf wrote:

Thanks- I promise this is the last question :)

If somebody is in the Support Group and "continues to meet the requirements" (which, I assume, relates to the person's state of health) the person will "remain in the support group indefinitely" does this mean the benefit will be paid for longer than 12 months, even if the person's savings are over 16k?? Apologies for sounding stupid ... many thanks / Wolf


Hi W,

Whether a claimant is placed in the SG or WRAG, they will still be subject to regular reassessments.

There are no indefinate awards, it is just that claimants in the SG tend to gain longer award periods.

Every time an assessment takes place a prognosis will be given, this is the recommended length of that award.

The only way to find out the length of any award of SG or WRAG is to request the relevant ESA Reports, see :


ESA medical – what forms to ask for?

ESA Forms

How often will I be reviewed

It is possible to gain access to one group, then on reassessment be transferred to another group, as in WRAG to SG, SG to WRAG.

The 365 day limit on entitlement to Con Wrag ESA is cumulative, in other words you could have a situation where a claimant was in WRAG for 6 months which would count towards the 12 months limit, then be placed into the SG on review, time spent in the SG would not count against the 6 months remaining.

However if in another review the claimant was again placed in Con ESA WRAG, he would then only have 6 months left, before he lost all future entitlement to Con ESA, whether it be WRAG or SG.

I hope this clarifies it for you. :)

bro58
Last edit: 12 years 2 months ago by bro58.

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12 years 2 months ago #78913 by citymike
Replied by citymike on topic Re:MEANS TESTED ESA
Sorry to ask this i may seem a bit thick,
my position is i was put into WRAg in August 2011, and my review is due in MAY this year. If at my review i am then put into support group would i be then entitled to recieve con ESA as long as i stay in support group.

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