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Requalifying for CB ESA through Support Group?

  • asdman
  • Topic Author
12 years 3 weeks ago #82389 by asdman
Now that the Welfare Reform Bill has passed, is there a definitive answer about requalifying for CB ESA after your 12 months is finished if you are at later date put in the support group?

I've tried following the legilslative process but may have got confused. But as far as I can tell as long as you keep an unbroken record of having limited capabiltiy for work, you can now get back onto CB ESA if your conditon gets worse and you are put in the support group, without having to meet new contribution conditions.

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12 years 3 weeks ago #82397 by Gordon
asdman

As of a couple of minutes ago, they still have not published a final version of the Welfare Reform Bill, the latest copy available is from after the first Lords debate and includes all of the amendments that were subsequently removed by the Commons.

My suspicion is that we will not have access to a copy until after it has received Royal Assent.

We will try and keep people informed of what it says and how it will be implemented (also not public domain at this time), as soon as the information becomes avilable.

Gordon

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  • asdman
  • Topic Author
12 years 3 weeks ago - 12 years 3 weeks ago #82401 by asdman
Thanks, Gordon, I'll keep an eye out for updates.
Last edit: 12 years 3 weeks ago by Gordon.

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12 years 3 weeks ago - 12 years 3 weeks ago #82423 by Gareth56
A government amendment to the WRB does provide for reclaiming CB ESA if you think you'll qualify for the Support Group. The conditions are:

“1B Further entitlement after time-limiting

(1) Where a person’s entitlement to a contributory allowance has ceased as a result of section 1A(1) or (2A) but—

(a) the person has not at any subsequent time ceased to have (or to be treated as having) limited capability for work,

(b) the person satisfies the basic conditions, and

(c) the person has (or is treated as having) limited capability for work-related activity,

the claimant is entitled to an employment and support allowance by virtue of this section.

(2) An employment and support allowance entitlement to which is based on this section is to be regarded as a contributory allowance for the purposes of this Part.”



1(b) & (c) are straightforward but I'm not too sure how you satisfy 1(a) though!!

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Last edit: 12 years 3 weeks ago by Gareth56.

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12 years 3 weeks ago #82427 by sally-jane
Replied by sally-jane on topic Re:Requalifying for CB ESA through Support Group?
Please could you clarify the above in very simple terms, perhaps with examples, cos I really did not understand it,Gareth

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12 years 3 weeks ago #82438 by Gareth56
I'll try my best:)

1(a) as i said I'm unsure about however

1(b) means that you satisfy the following basic conditions of entitlement viz.

Claimants are entitled to ESA if they
1. have LCW and
2. are aged 16 or over and
3. have not reached pensionable age and
4. are in GB (except for certain temporary absences abroad) and
5. are not entitled to IS and
6. are not
6.1 entitled to JSA or
6.2 a member of a couple entitled to joint-claim JSA.

copied from Here

1(c) just means that at least one of the Support Group descriptors applies to your case.

As I said fairly straightforward other than 1(a) so if anyone else can expand on the meaning of that we'd all be grateful I'm sure.

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