- Posts: 51288
stopping contribution based esa
- carms68
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- carms68
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- bro58
my story is that i have a leg deformity and osteoarthritas and unable to walk without crutches, i only scored pionts in my assessment, while waiting for the tribunal date i have undergone a major leg alignment op and have a taylor spatual frame fitted for the next couple of months then a cast and then i will need complete knee surgery. i receievd a letter telling me that as my esa is contribution based my money will be stopped on the 30 april i would need to reapply for income base if i wanted to continue, the problem is that i have been waiting a whole year for my tribunal date and and i have been recieving minimum esa appeal rate while i wait for a date, what happens after april?,what will live on? i called for advice and they were not helpful they said to call the tribunal office the man i spoke to there said they shouldnt have done that he did say i should reveive a date around june time.any advice please
Hi C68,
Sorry to hear of your problems.
With respect to the 365 day time limit of Contributary ESA in the WRAG, see :
12 Month Limit for ESA(CB) Updated 10/03/12
&
12 Month Limit for ESA(CB) – Implementation New
If you are still unsure after reading the above, please repost here.
bro58
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- Gordon
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If your Tribunal is in June, then at the end of April your ESA payments will end (see bottom of post).
If you are placed in the Support Group at your hearing, then you will receive back payments to the date of the Tribunal and your ESA(CB) will be re-instated.
If you are placed in the WRAG, you will receive back payments to the end of April, but your ESA(CB) will not be re-instated.
The exception to the above, is if you qualify for ESA(IR), you should be automatically transfered, although there will be paperwork to continue, in which case your ESA will continue as ESA(IR) after April.
Hope this explains it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- carms68
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ps thanks br58 have read all the information thanks for your advice
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- Gordon
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- Posts: 51288
If your condition has worsened and you believe you would now meet one of the Support Group criteria, you can make a new claim for ESA on this basis.
There is no point doing this if you would only be eligible for the WRAG (see below), but it is certainly worth it if you would be put in the SG, although you still lose your payments until a Decision is made.
In principle you can make a new claim for ESA(CB), irrelevant of reason, providing it is more than 12 weeks since you lost your last claim has ended and you meet the qualifying Conditions for ESA(CB).
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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