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stopping contribution based esa

  • carms68
  • Topic Author
12 years 3 weeks ago #84218 by carms68
stopping contribution based esa was created by carms68
my story is that i have a leg deformity and osteoarthritas and unable to walk without crutches, i only scored pionts in my assessment, while waiting for the tribunal date i have undergone a major leg alignment op and have a taylor spatual frame fitted for the next couple of months then a cast and then i will need complete knee surgery. i receievd a letter telling me that as my esa is contribution based my money will be stopped on the 30 april i would need to reapply for income base if i wanted to continue, the problem is that i have been waiting a whole year for my tribunal date and and i have been recieving minimum esa appeal rate while i wait for a date, what happens after april?,what will live on? i called for advice and they were not helpful they said to call the tribunal office the man i spoke to there said they shouldnt have done that he did say i should reveive a date around june time.any advice please

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  • carms68
  • Topic Author
12 years 3 weeks ago #84219 by carms68
Replied by carms68 on topic Re: stopping contribution based esa
that was supposed to say 6 pionts

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  • bro58
12 years 3 weeks ago - 12 years 3 weeks ago #84232 by bro58
Replied by bro58 on topic Re:stopping contribution based esa
carms68 wrote:

my story is that i have a leg deformity and osteoarthritas and unable to walk without crutches, i only scored pionts in my assessment, while waiting for the tribunal date i have undergone a major leg alignment op and have a taylor spatual frame fitted for the next couple of months then a cast and then i will need complete knee surgery. i receievd a letter telling me that as my esa is contribution based my money will be stopped on the 30 april i would need to reapply for income base if i wanted to continue, the problem is that i have been waiting a whole year for my tribunal date and and i have been recieving minimum esa appeal rate while i wait for a date, what happens after april?,what will live on? i called for advice and they were not helpful they said to call the tribunal office the man i spoke to there said they shouldnt have done that he did say i should reveive a date around june time.any advice please


Hi C68,

Sorry to hear of your problems.

With respect to the 365 day time limit of Contributary ESA in the WRAG, see :

12 Month Limit for ESA(CB) Updated 10/03/12

&

12 Month Limit for ESA(CB) – Implementation New

If you are still unsure after reading the above, please repost here.

bro58
Last edit: 12 years 3 weeks ago by bro58.

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12 years 3 weeks ago #84234 by Gordon
Replied by Gordon on topic Re:stopping contribution based esa
Carms

If your Tribunal is in June, then at the end of April your ESA payments will end (see bottom of post).

If you are placed in the Support Group at your hearing, then you will receive back payments to the date of the Tribunal and your ESA(CB) will be re-instated.

If you are placed in the WRAG, you will receive back payments to the end of April, but your ESA(CB) will not be re-instated.

The exception to the above, is if you qualify for ESA(IR), you should be automatically transfered, although there will be paperwork to continue, in which case your ESA will continue as ESA(IR) after April.

Hope this explains it.

Gordon

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

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  • carms68
  • Topic Author
12 years 3 weeks ago #84242 by carms68
Replied by carms68 on topic Re:stopping contribution based esa
thanks Gordon that does make sence, its just typical that i am in a worse situation now with my leg in frame and having to use a wheelchair and my trbunal will be based on my condition as of last year prior to the op, i received a letter stating any evidence concerning my condition after the date the decision was made cannot be used at the tribunal! we shall wait and see

ps thanks br58 have read all the information thanks for your advice

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12 years 3 weeks ago #84248 by Gordon
Replied by Gordon on topic Re:stopping contribution based esa
Carms

If your condition has worsened and you believe you would now meet one of the Support Group criteria, you can make a new claim for ESA on this basis.

There is no point doing this if you would only be eligible for the WRAG (see below), but it is certainly worth it if you would be put in the SG, although you still lose your payments until a Decision is made.

In principle you can make a new claim for ESA(CB), irrelevant of reason, providing it is more than 12 weeks since you lost your last claim has ended and you meet the qualifying Conditions for ESA(CB).

Gordon

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

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