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TOPIC: esa reconsideration appeal

esa reconsideration appeal 1 year 1 month ago #167346

helen1234 wrote: hi gordon ,its been 3 months from i asked for a reconsideration to be put into support group instead of wrag,what i want to know is seeing as i have started the ball rolling towards an appeal if my reconsideration doesn`t work will i still be put off esa when my 365 days end at the end of oct16,or will i stay on until my appeal is heard ,by the way i am in n.ireland and they still have not come to an agreement over the legalities of the substantial risk element


I'm afraid, if you are not in the SG at the end of October, your ESA(CB) payments will stop, there is no flexibility in the legislation because you have asked to be reassessed.

Have you checked whether you are eligible for Income Related ESA?

Gordon

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

esa reconsideration appeal 1 year 1 month ago #167367

no i`m not eligable for income based esa,do you know if there is a clause in this 365 day thing that anyone whos being put off benefit will get a years grace to sort themselves out if there income is going to effected , my husband works full time and i have no dependent children .this is a quote from the the northern ireland executive booklet which was sent to every house in n.ireland . The n.ireland executive has commited that when the changes are introduced if a person has no entitlement to income related esa or is entitled to income related esa but at a lower rate than they received under condribution based esa they will be entitled to a supplementary payment.this would cover any financial loss resulting from the changes .we can provide the supplement for one year as long as medical evidence relating for fitness for work continues to be provided

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esa reconsideration appeal 1 year 1 month ago #167380

helen1234 wrote: no i`m not eligable for income based esa,do you know if there is a clause in this 365 day thing that anyone whos being put off benefit will get a years grace to sort themselves out if there income is going to effected , my husband works full time and i have no dependent children .this is a quote from the the northern ireland executive booklet which was sent to every house in n.ireland . The n.ireland executive has commited that when the changes are introduced if a person has no entitlement to income related esa or is entitled to income related esa but at a lower rate than they received under condribution based esa they will be entitled to a supplementary payment.this would cover any financial loss resulting from the changes .we can provide the supplement for one year as long as medical evidence relating for fitness for work continues to be provided


From what I can see, there is a promise to provide a payment (there's no details of what it will be), for a year after a claimants ESA(CB) payments finish, however, the legislation for this appears to have been delayed to the end of November, this includes the time limiting of ESA(CB), until the legislation is actually enacted it's not possible to give a more detailed response.

See

www.lawcentreni.org/welfare-reform/1301-...reform-timeline.html

Gordon

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esa reconsideration appeal 1 year 1 month ago #167395

does that mean i might have no money from end of oct to nov

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esa reconsideration appeal 1 year 1 month ago #167405

helen1234 wrote: does that mean i might have no money from end of oct to nov


No, they can't stop your ESA(CB) until the law allows them to and the schedule I linked to says that this will not now happen until the end of November.

Gordon

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

esa reconsideration appeal 1 year 1 month ago #167412

if gordon i was in the middle of an appeal to be put into support group and not wrag ,would the appeal still go ahead after nov or would my appeal automatically stop

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