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After 365 days limit in esa(cb) ends

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12 years 4 weeks ago #83720 by Derekq
After 365 days limit in esa(cb) ends was created by Derekq
Good evening all
I have been reading FAQ's regarding the 365 day rule and have these questions.

As I have been on IB for some years and year on year getting worse with my condition which will only go one way, if I were to be placed in the wrag group on esa(cb) as a result of a medical when that year ends as I understand it esa(cb) also ends ...

So, at this point what happens to people like myself ? are we just left dumped at the side of the road ? with no benefit at all.

Or is it a case that I would be put into the wrag(ir) bracket where they would look at my income in £££'s.

Or is it a case of re-applying and going through the system to be re-assessed again,
the powers that be must know full well that people's illness just doe's not vanish on day 365, as in my case stays with me for life.

Thanks in advance for any information on my questions.

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12 years 4 weeks ago #83728 by Gordon
Replied by Gordon on topic Re:After 365 days limit in esa(cb) ends
Derekq

If you satisfy the associated means test, you can qualify for ESA(IR).

Failing that, if at some time in the future you meet the criteria for the Support Group and you have maintained your eligiblility for ESA, you can request a SuperSession to be placed in the SG, and if successful, your ESA(CB) will be re-instated.

You can re-apply for ESA(CB) after 12 weeks have elasped and as soon as you once again meet the qualifying Conditions for ESA(CB).

You can apply for JSA.

Gordon

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12 years 4 weeks ago #83734 by Crazydiamond
Replied by Crazydiamond on topic Re:After 365 days limit in esa(cb) ends
What happens following the time spent in the contribution-based ESA WRAG after 365 days, depends very much on an individual's personal circumstances.

You may qualify for income-related ESA which will be subject to a means test. See:-

ESA FAQs - Asset rule for ESA(IR).

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12 years 3 weeks ago #83752 by Derekq
Replied by Derekq on topic Re:After 365 days limit in esa(cb) ends
Hi Gordon & Crazydiamond

Thank you both for your replys.

If I come to the end of the 365 days on esa(cb) and try to get esa(ir) is it a seamless move from one to the other or is there the 3 month gap still between (cb) & (ir) esa ?

If there is a 3 month gap doe's this mean that my National Insurance is not paid as no longer in reciept of esa of any form ?

Thanks for any info's

Regards, Derekq

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12 years 3 weeks ago #83759 by Gordon
Replied by Gordon on topic Re:After 365 days limit in esa(cb) ends
Derek

The DWP have said it will be seamless, but you will be asked to provide up-to-date details of your income and assets as part of the process, so it would be worth preparing for this.

Gordon

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  • Andy
12 years 3 weeks ago #83813 by Andy
Replied by Andy on topic Re:After 365 days limit in esa(cb) ends
Gordon mentioned claiming JSA as an option.

Surely this would be a last resort - i.e. if you are not eligible for ESA(Income Related) - because claiming JSA requires signing-on at the JobCentre fortnightly (to start) and then weekly, and providing evidence of 'job seeking activity'. A whole load of effort that would be a terrible burden on someone who ought to be receiving ESA but for the arbitrary cutoff at 12 months.

Furthermore, if you aren't eligible for ESA(IR) because of your savings/capital then you won't be eligible for JSA(IR) for the same reason.

But if you aren't eligible for ESA(IR) because your partner is working, that wouldn't disqualify you from JSA(IR).

Have I understood all that correctly?

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