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re:new 12 month ESA rule...Incapacity too?

  • Helen
  • Topic Author
12 years 2 weeks ago #82888 by Helen
Hi,
Would really appreciate it if anyone knows the answer to the following two questions...I have searched the help guides but cant find the answers.

I've been transferred from Incapacity Benefit to Contributions Based ESA Work Related Group, received the letter on the 24th February.

1. Can anyone advise on the new law for Contributions based ESA only being paid for a year.

a) Does it mean they will count my Incapacity benefit paid prior to ESA as 12 months payment?
OR
b )Does it mean I will be paid ESA up to 12 months after the 24th February?

2. Also I asked the DWP to send me all the evidence in relation to reaching their decision. I used the draft letter in the Benefits and Work ESA appeals guide ( page 12) . I mainly want to know when I am likely to be reviewed again.

a) Is this the appropriate letter to use? (am a bit worried the list of evidence Ive asked for is excessive as they have awarded me ESA WRAG )

OR
b) Should I send another letter just asking for a copy of the ESA85 ? given that I just want to know when I will be reviewed again!

Many thanks ...I really appreciate anyones help. I don't know where I would be without this site...big thank you to the people who run it.

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12 years 2 weeks ago #82893 by slugsta
Replied by slugsta on topic re:new 12 month ESA rule...Incapacity too?
Hi Helen,

I can confirm that the clock starts ticking when you are transferred over to ESA, time on IB does not count.

As to your second question, I can't see that it hurts to have all the information - at least you can check that what they have said about you is accurate!

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

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  • Helen
  • Topic Author
12 years 2 weeks ago #82896 by Helen
Replied by Helen on topic re:new 12 month ESA rule...Incapacity too?
Hi, Thank you so much for your speedy answer...that is such a relief to know at least I stand a chance of getting ESA for a while! :)

I appreciate I am one of the fortunate ones, as my partner works however t is really hard to think that I will have to be totally dependent on my partner...he already pays for most of our living costs. I worry that I will become an even greater burden!

Have you yourself ever asked for all the info from DWP? I was just a bit worried that it would antagonise them.

Many thanks

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12 years 2 weeks ago #82899 by slugsta
Replied by slugsta on topic re:new 12 month ESA rule...Incapacity too?
I'm still partway through my first application (awaiting 'medical' on 28th March)so I have not yet been in the situation to need details from DWP!

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

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  • carole
12 years 2 weeks ago #82902 by carole
Replied by carole on topic re:new 12 month ESA rule...Incapacity too?
Hi im on assessment esa contribution based since sept 11...Tried to find ansewrs on here but havent located any info regarding why and what is the difference between cb/ir esa?? As I could not get winter payment due to being on cb esa..as Im now below poverty line apparently, why am I on this benefit? sorry not more articulate but due to illness n meds

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  • Helen
  • Topic Author
12 years 2 weeks ago - 12 years 2 weeks ago #82906 by Helen
Replied by Helen on topic re:new 12 month ESA rule...Incapacity too?
Hi, Hope you are successful ! Thanks for taking the time to reply when you have your own problems . It's really kind of you :)
Last edit: 12 years 2 weeks ago by slugsta.

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