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Gordon
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11 years 2 months ago - 11 years 2 months ago #99013 by Gordon

Replied by Gordon on topic poser

Just to add my two penny worth.

I will preface my comments by saying that you need to get face to face advice, as it may not be possible for you to resolve this issue on your own.

Once again the DWP appear to want to gave their cake and eat it. If you are not receiving ESA(IR) because of the hours that your wife works, then you cannot have been moved to ESA(IR) and as a result you should still be entitled to ESA(CB), and therefore by being moved to the Support Group, payments should be restarted.

I believe that the following example from a DWP Decision Makers Guide update cover this situation. See paragraph 30 in the following

www.dwp.gov.uk/docs/m-13-12.pdf

Example
Bogdan’s award of ESA(Cont) ended on 30.4.12 as it exceeded 365 days. Entitlement was based on tax years 2008/2009 and 2009/2010. He is not entitled to ESA(IR) as he has a partner in full–time remunerative work. He remains entitled to NI credits. Bogdan makes a further claim to ESA(Cont) from 10.7.12 on the grounds that his condition has deteriorated. As the PLCWs link, the tax years on which entitlement could be based do not change. The claim cannot be decided until the DM determines whether or not Bogdan has, or is treated as having, LCWRA.

Following application of the WCA, the DM determines that Bogdan has LCWRA. He is entitled to ESA(Cont) and the support component from 10.7.12. He does not have to serve waiting days or the assessment phase.

Gordon

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Last edit: 11 years 2 months ago by Gordon.

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slugsta
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11 years 2 months ago #99015 by slugsta

Replied by slugsta on topic poser

Gareth - if someone fails the means-test for IR benefit, they are deemed to have enough money to live on.

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bro58

11 years 2 months ago #99016 by bro58

Replied by bro58 on topic poser

Hi all,

Extract from Brian's original post :

"been on esa for a while now but dont get any payments as wife works part time. last week i was moved up to support group"

Therefore, I am assuming that the OP was originally in The WRAG but was not entitled to CB ESA, and did not qualify for IR ESA, due to The Means Test conditionality.

If this is correct the issue is whether he qualifies for IR ESA, not which group he is in.

As previously stated, if he feels that he may be entitled to IR ESA, he should seek face to face advice.

bro58

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bro58

11 years 2 months ago #99019 by bro58

Replied by bro58 on topic poser

bro58 wrote: Hi all,

Extract from Brian's original post :

"been on esa for a while now but dont get any payments as wife works part time. last week i was moved up to support group"

Therefore, I am assuming that the OP was originally in The WRAG but was not entitled to CB ESA, and did not qualify for IR ESA, due to The Means Test conditionality.

If this is correct the issue is whether he qualifies for IR ESA, not which group he is in.

As previously stated, if he feels that he may be entitled to IR ESA, he should seek face to face advice.

bro58

Hi B,

Can you clarify whether my assumption is correct ?

Did you receive payment of any type of ESA (CB or IR) before being placed into The SG ?

bro58

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Gordon
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11 years 2 months ago #99021 by Gordon

Replied by Gordon on topic poser

Brian

Can you clarify?

Were you receiving ESA(IR), and because your wife started work, you entitlement ceased. In which case I agree with Bro58, this is a question of your entitlement to ESA(IR)

OR

Were you on ESA(CB) which was time limited to 365 days and a subsequent request to be moved to ESA(IR) was refused because of the hours your wife works. In which case I believe that my post is relevant.

Gordon

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

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bro58

11 years 2 months ago #99023 by bro58

Replied by bro58 on topic poser

Gordon wrote: Brian

Can you clarify?

Were you receiving ESA(IR), and because your wife started work, you entitlement ceased. In which case I agree with Bro58, this is a question of your entitlement to ESA(IR)

OR

Were you on ESA(CB) which was time limited to 365 days and a subsequent request to be moved to ESA(IR) was refused because of the hours your wife works. In which case I believe that my post is relevant.

Gordon

Hi G,

The OP has signed out, so we won't know.

However, there is enough information within this topic thread to cover either scenario.

bro58

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