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ESA(c) 12 Mth Limit?

  • Pi
  • Topic Author
13 years 1 month ago #75803 by Pi
ESA(c) 12 Mth Limit? was created by Pi
Hi All,

I Put a Claim in for ESA(c) at the begining of March and still have not had a medical!

Am i right in thinking that if i am eventualy put in the WRAG my claim will be back paid and then stopped at the end of March 2012.

Also any ideas on what happens if the process takes longer than the 12 month limit.

Many thanks

Pi
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  • pete17971
13 years 1 month ago #75806 by pete17971
Replied by pete17971 on topic Re:ESA(c) 12 Mth Limit?
Pi wrote:

Hi All,

I Put a Claim in for ESA(c) at the begining of March and still have not had a medical!

Am i right in thinking that if i am eventualy put in the WRAG my claim will be back paid and then stopped at the end of March 2012.

Also any ideas on what happens if the process takes longer than the 12 month limit.

Many thanks

Pi



Hi,

Bearing in mind the time span since claiming, I would be tempted to write to the JC+ office dealing with the claim to enquire what is going on and why a decision is taking so long.

If you are subsequently put into the Support Group or WRAG then you will be back paid any owings of benefit.

If as it stands, the Welfare Reform Act goes through as it stands and becomes law in April 2012, then if you are put into the WRAG your benefit would stop as soon as the date set out in the proposals is enacted - April 2012 currently (as you would have had in excess of 12 months in the Contributory WRAG).

Pete
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  • Pi
  • Topic Author
13 years 1 month ago #75821 by Pi
Replied by Pi on topic Re:ESA(c) 12 Mth Limit?
Many thanks.

Pi
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13 years 1 month ago #75826 by Gareth56
Replied by Gareth56 on topic Re:ESA(c) 12 Mth Limit?
In response to a question from Stephen Timms on the matter of reclaiming CB ESA after the one year time limit Grayling gave this answer:-

"People could re-qualify for contributory employment and support allowance if they are subsequently placed in the Support Group after their contributory benefit has been time limited where they received contributory employment and support allowance for at least one day in the tax year prior to the benefit year in which the new claim is made. This is in addition to where claimants leave benefit for work and accrue the necessary contributions, or remain or become entitled to income-related employment and support allowance."


See:- Here

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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13 years 1 month ago #75829 by Gordon
Replied by Gordon on topic Re:ESA(c) 12 Mth Limit?
Hi Gareth

We've been discussing this amongst the Moderators.

The problem with the statement is that it is completely at odds with the existing and proposed legislation.

At the risk of denigrating Mr. Graylings knowledge of the benefit system, it seems unlikely to me that he would have as good an understanding of entitlement, as perhaps a Decision Maker would.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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13 years 1 month ago #75832 by Gareth56
Replied by Gareth56 on topic Re:ESA(c) 12 Mth Limit?
Don't shoot the messenger!

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