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A question about reapplying for ESA afer 6 months

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11 years 6 months ago - 11 years 6 months ago #93037 by Pogo-Stix
Can I ask the question that I am sure someone can answer.

Having failed the descriptor test like many others I have been awaiting a date for a tribunal hearing since, this date is now 16.11.12.

The date of the original decision was on 12.2.12 and I appealed the first decision on 15.3.12.It was reconsdidered on 19.7.12 without change.

I have just been informed that I had 210 days of ESA left so I am assuming this is where the 12 month kicks in before one moves to income-related ESA.

Now my question is this, in view that an applicant can reapply for ESA after 6 months should the condition get worse would this be on income-related or contribution-based in my case?
Last edit: 11 years 6 months ago by slugsta.

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11 years 6 months ago #93038 by slugsta
I am a little confused by the fact that you said you were told you have 210 days left on ESA as the countdown should have started the day you applied (or the day your IB stopped,whichever is applicable).

You are right in saying that the means testing kicks in after 365 days (unless in the Support Group).

If you reapply for ESA, you will be given contributary benefit as long as 1) You still meet the NI contribution conditions and 2)You have not exhausted your 365 day 'allowance'.

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

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11 years 6 months ago #93045 by Pogo-Stix
Maybe I should have mentioned I was on IB and being moved to ESA. The 210 day is a loss to me as I was only inofrmed today, so im still looking into it.

So would I be right in assuming that if I have exhausted my 356 day Contribution Based ESA then any further requests for ESA claims wuld only be paid at Income Based rates?

I wonder how that will pan out for future claims that maybe many years away. Many may have been ill, got beeter and the 10 years later after being in work and paying further contributions get a reoccurance of the initial problem?

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11 years 6 months ago #93046 by Gordon
Pogo-Stix wrote:

Maybe I should have mentioned I was on IB and being moved to ESA. The 210 day is a loss to me as I was only inofrmed today, so im still looking into it.

So would I be right in assuming that if I have exhausted my 356 day Contribution Based ESA then any further requests for ESA claims wuld only be paid at Income Based rates?

I wonder how that will pan out for future claims that maybe many years away. Many may have been ill, got beeter and the 10 years later after being in work and paying further contributions get a reoccurance of the initial problem?

Not entirely :)

There are various options.

- If you have NI contributions in the necessary qualifying years, you can make a new claim for ESA(CB). Nobody transferred from IB will be able to meet this condition.

- If eligible, you can switch to Income Related ESA.

- If not eligible for ESA(IR) then you will receive NI Credits that count towards a full State Pension, providing you maintain eligibility for ESA, if at any time you qualify for the Support Group, your ESA(CB) payments will be re-instated and will remain in payment while you are in the SG.

- If you work or are in registered self-employment and re-establish your NI Contributions, you can make a new claim for ESA(CB).

Gordon

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  • Lyn
11 years 5 months ago - 11 years 5 months ago #94968 by Lyn
Why can you not qualify for a further claim for ESA after your CB 365 days have ended if you were on IB?
Last edit: 11 years 5 months ago by Gordon.

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11 years 5 months ago #94972 by Gordon
Lyn wrote:

Why can you not qualify for a further claim for ESA after your CB 365 days have ended if you were on IB?

To be specific you could not make a new claim for ESA(CB) if you have previously been on IB.

This will be because you will not have any NI Contributions in the qualifying years, these would be 2009-10 and 2010-11 for a claim made today.

No Contributions can only be accrued through paid employment or registered self-employment.

I hope this explains it better.

Gordon

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