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11 years 1 week ago - 11 years 1 week ago #102307 by Gordon
Replied by Gordon on topic esa

weecathy wrote: Hi will I lose all my ESA benefit .as my health is poor and getting worse can I reapley for ESA .thanks


Possibly!

If you are not currently eligible for Income Related ESA due to your income, savings and assets, or because of the hours that a partner works, then you will not be eligible for ESA(IR) if you make a new claim, in fact there should be no need for you to make a new claim in these circumstances.

You may be able to make a new claim for ESA(CB) , you must wait at least 12 weeks from the last payment of your current claim which cannot be back dated. You must have sufficient NI Contributions in the qualifying years to be eligible and at least one of those years must be later than the years originally used to qualify for ESA.

If you were on IB previously to your receiving ESA, then it is our belief that you will not be able to meet these requirements, if you were working prior to claiming ESA then it may be possible to meet this requirement, but you will need to speak to the DWP and HMRC as to when and how many NICs you received.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 1 week ago by Gordon.

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11 years 1 week ago #102312 by slugsta
Replied by slugsta on topic esa
Just to add to Gordon's excellent advice - if you maintain your ESA claim, even if you are not being paid, there is always the chance that you would be placed in the Support Group as a result of a routine reassessment or if you ask for a 'supersession' (review). If you were placed in the Support Group your ESA payment would resume - as long as your claim had not been broken meanwhile.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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11 years 1 week ago - 11 years 1 week ago #102346 by weecathymcguigan
Replied by weecathymcguigan on topic esa
hi how do i maintain my esa claim .and can i for a reassment thank you again.
Last edit: 11 years 1 week ago by Gordon.

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11 years 1 week ago #102351 by Gordon
Replied by Gordon on topic esa

weecathy wrote: hi how do i maintain my esa claim .and can i for a reassment thank you again.


Your claim should be maintained for you by the DWP, as you will be regularly re-assessed and as long as you continue to have Limited Capability for Work (e.g. WRAG status), you will continue to receive NI Credits which count towards a full State Pension and have the option to be re-assessed for the Support Group.

To be re-assessed you need to show that your condition has deteriorated or you have a new condition, since you were last assessed and that as a result of this you believe you now meet the criteria for the Support Group, all you need to do is to write to the DWP explaining this and asking to be re-assessed.

You need to be aware that as you are the one requesting the assessment, the burden of proof lies with you and you will be responsible for collecting any and all evidence to support this claim. I think we have already posted these links, but you should have a look at the following.

Is there any risk to challenging a decision?

Qualifying for the Support Group

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: weecathymcguigan

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