ESA - in WRAG refuse Support can I reclaim 12 wee

Ok - Have been on Incapacity benefit for several years - migrated to ESA in Dec 11 - and was in wrag - had an atos medical in Dec 12 - no letter came - telephoned three times for decision letter & told you're in wrag and letter on its way - nothing arrived then dec 27th letter saying benefit stopped due to time limiting that was the first i heard of time limiting thats why i did nothing when i was tld was in wrag even though letter not arrived from medical -eventually spoke to someone who said sorry we are on to IT dept as some people not getting any of letters warning them of time limiting - will get cop of medical to you but in meantime go back to docs and get sick note saying your condition worsened and that will be enough to get you in support group - did that got it sent in and then recieved another esa50 from atos to fill in - no call for face to face but a letter now saying cannot put in support group but wrag for 18 mths - but i have no money as husband works 30 hours - i cannot work due to mental health issues - my question is can i reclaim after 12 weeks - my gp will have no hesitation giving me the sick note stating my condition has worsened - but i cannot gt any sense out of benefits office- they keep saying i cannot reclaim - but if i have been on ib and then esa for at least last four years would my contributions been taken from years prior to those - the benefit office have fobbed me off and given inconsistent information each time i speak to them - any help appreciated

Hi lyndybear,

In some circumstances it is possible to terminate the ESA claim and then reclaim after 12 weeks. However, this only applies to people who have the relevant NI contributions in the past 2 full tax years. As you were on IB during this time you will not have made those contributions, so that route is closed to you.

What you can do is appeal the latest decision to place you in WRAG. You do not say on what date that decision was made. If it is less than one month then you can appeal with no problem. If it is more than 1 month then your appeal might still be accepted if you can show 'good cause' for being late. DWP are being quite good at the moment regarding this and seem to be accepting late appeals quite a lot.

How long do I have to appeal?

How to submit an appeal

You should also ask for the paperwork associated with your most recent claim. The following FAQ is relevant, even though you did not have a 'medical'

ESA medical – what forms to ask for?

In order to be allocated to the Support Group you will need to clearly show which of the Support Group descriptors (or exceptional circumstances) apply to you. Anny extra evidence that you supply should also relate to this

Qualifying for the Support Group

You must be aware that you do run the risk of losing your current award of WRAG if you appeal. This might be a problem for you if you need the NI contributions, obviously you would not lose any money as you are not getting any!

Is there any risk to challenging a decision?

As you are not getting any money, you cannot be asked to undertake any Work Focussed Activities during your appeal. I am afraid that the appeal could take up to a year and you would not get any money during this time - although it would all be pain in the end if you won your appeal. You might need to get some general benefits advice from somewhere like CAB to ascertain whether you are entitled to any other benefits during this time.

If you have any further questions, please come back and ask them on this thread. it will be easier to find again if you mark it as a favourite now.

Thank you for replying its a total minefield - Sorry to sound thick I will not have accrued any ni contributions then during my time on IB or ESA so that won't hlp me in anyway ?

Sorry to post again but is this any use to me - ?????? I won't have the ni contributions but will have the limited capability/capacity for work - i don't know or am i clutging at straws
Application made after award has terminated
30 Where
1. entitlement to ESA(Cont), including under the youth provisions, has been
terminated as in paragraphs 6, 8 or 16 because it exceeded 365 days and
2. the claimant
2.1 reports a deterioration in their health condition or
2.2 makes a further claim for ESA(Cont) and
3. the claimant had, or is treated as having had, LCW since the previous
entitlement ended and
4. the claimant satisfies the basic conditions of entitlement (see DMG 41012) and
5. the DM determines that the claimant has, or is treated as having, LCWRA
the claimant is entitled to an award of ESA(Cont), even though they do not satisfy the
contribution conditions1
. The award is regarded as an award of ESA(Cont) for all other
purposes, for example amounts payable

Hi, Ib,

Just to add to MHB's very informative response, as it seems that you exhausted your 365 day entitlement to payment of CB ESA in The WRAG circa December 2012.

It is therefore around 15 months since the time that you were first placed into The WRAG, and a late appeal on this decision is not an option as it is now more than 13 months since that decision.

You only get the 365 days entitlement to CB ESA in The WRAG once, so to have payment of CB ESA reinstated, you "must" gain entry to The SG, as a result of appealing the most recent WRAG award circa December 2012, or as a result of a review/supersession of your WRAG award.

The only other way that you will again be entitled to payment of CB ESA or JSA, is to gain the necessary NI Contributions from employment.

The NI credits that are paid for you now, as a result of you being assessed as in The WRAG are only for State Pension purposes.

If your household income, savings etc,etc, allow at some time in the future, you may be entitled to IR ESA, see :

24 hour work rule for ESA(IR)

Asset rule for ESA(IR)

12 Month Limit for ESA(CB)

Benefits Calculator

Have you considered claiming DLA, which is not reliant on NI Contributions, nor is it means tested.

If you are to try this, you must do so before the beginning of April 2013, as after that, all new claims will be for PIP, not DLA.

See :

DLA Guides

DLA FAQ’s

All information on PIP is on these links :

www.benefitsandwork.co.uk/help-for-claimants/dla/#pip

www.benefitsandwork.co.uk/personal-independence-payment-pip

www.benefitsandwork.co.uk/forum?view=top...id=10&id=85481#85481


bro58

Indybear wrote: Thank you for replying its a total minefield - Sorry to sound thick I will not have accrued any ni contributions then during my time on IB or ESA so that won't hlp me in anyway ?

Hi lb,

I think that our posts crossed.

There was no time limitation on IB, so as long as you had the necessary NI Contributions when you first claimed it, payment of IB would continue.

CB ESA except in The SG, is time limited to 365 days entitlement to payment, and that is it.

See my post that crossed yours :

www.benefitsandwork.co.uk/forum?view=top...d=10&id=97196#100268

bro58