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ESA 1/2 Year Limit ??

  • emma72
  • Topic Author
12 years 1 month ago #80661 by emma72
ESA 1/2 Year Limit ?? was created by emma72
Morning All,
After months of being on ESA Assessment Rate, i was awarded CB ESA on 30th Sept 2010.
Since then my health has deteriorated, and i have just asked for a re-consideration.
If the CB ESA Bill goes through in April, and it's time limit is 2 years, when would my time start from ?
As i was on assessment rate, then awarded CB ESA at my Tribunal Sept 2010.

If i get put in the Support Group, when would my 1/2 years start ?
Sorry if it's confusing ! im confused myself :huh:

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12 years 1 month ago #80669 by Gareth56
Replied by Gareth56 on topic Re:ESA 1/2 Year Limit ??
If you're placed into the Support Group then the time limit doesn't apply.

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

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  • bro58
12 years 1 month ago #80681 by bro58
Replied by bro58 on topic Re:ESA 1/2 Year Limit ??
emma72 wrote:

Morning All,
After months of being on ESA Assessment Rate, i was awarded CB ESA on 30th Sept 2010.
Since then my health has deteriorated, and i have just asked for a re-consideration.
If the CB ESA Bill goes through in April, and it's time limit is 2 years, when would my time start from ?
As i was on assessment rate, then awarded CB ESA at my Tribunal Sept 2010.

If i get put in the Support Group, when would my 1/2 years start ?
Sorry if it's confusing ! im confused myself :huh:


Hi E72,

With regards to The Tribunal decision to award you CBESA, this decision would be backdated to the time of the original adverse decision that you appealed.

So you will be classed as being in receipt of CBESA from that date, indeed you should have received any backdated ESA payable from that date, as in The Work Related Activity Component.

If there the law is passed in April 2012, it will be enforced retrospetively, in other words, any time already spent in receipt of CBESA, will be counted against the limit on entitlement, whether it is 12 months or 24 months.

See :

12 Month Limit for ESA(CB)

The Welfare Reform Bill 2011

bro58

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  • Sickofit
12 years 1 month ago #80690 by Sickofit
Replied by Sickofit on topic Re:ESA 1/2 Year Limit ??
Not sure, but I think the time spent in the assessment phase before CB ESA also counts in the 12 or 24 months.

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  • bro58
12 years 1 month ago #80692 by bro58
Replied by bro58 on topic Re:ESA 1/2 Year Limit ??
Sickofit wrote:

Not sure, but I think the time spent in the assessment phase before CB ESA also counts in the 12 or 24 months.


Hi SOI,

I think E72, was in receipt of Assessment Rate ESA, as she was appealing a "fit for work" decision, so my previous comments still apply.

bro58

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