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ESA being stopped
- meg1golf
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12 years 9 months ago - 12 years 9 months ago #84459 by meg1golf
ESA being stopped was created by meg1golf
I had the dreaded phone call to say my benefit was stopping on 30th April 2012.I had just filled out a new esa form to renew claim where I put all details about my condition deterorating and asking to be put in the support group.This hasnt been actioned to my knowledge as no decision notice has been received.
I have appealed against this but to date have heard nothing.
In 2010 I had an appeal upheld when I was put on ESA from IVB but was told I have an underlining condition that if ESA ever stopped then IVB would be paid instead.What happens over this decsion as IVB finishing.I have asked about that in my letter to DWP but still no reply.
I cannot claim ESA after stop date at present as my husband works over 24 hours.Any Ideas,Can you help at all.Thank You
I have appealed against this but to date have heard nothing.
In 2010 I had an appeal upheld when I was put on ESA from IVB but was told I have an underlining condition that if ESA ever stopped then IVB would be paid instead.What happens over this decsion as IVB finishing.I have asked about that in my letter to DWP but still no reply.
I cannot claim ESA after stop date at present as my husband works over 24 hours.Any Ideas,Can you help at all.Thank You
Last edit: 12 years 9 months ago by Gordon.
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- Gordon
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12 years 9 months ago #84463 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA being stopped
Meg
If an Assessment process was started, then you can reasonably expect a new Decision on your claim to be made, although this won't necessarily place you in the Support Group.
Payments will still cease on 30/04, however. if you are placed in the Support Group, then your ESA(CB) will be re-instated and you will receive any back payments due. If you are placed in the WRAG then you will only be eligible for NI Credits if you cannot receive ESA(IR).
Unless a Decision has been made, you cannot make an appeal as there is nothing for you to appeal against.
I'm not aware of any legislation that would cover a re-claim of IVB, however, without knowledge of your appeal and why this statement was made, I cannot categorically state that this would not be the case.
Gordon
If an Assessment process was started, then you can reasonably expect a new Decision on your claim to be made, although this won't necessarily place you in the Support Group.
Payments will still cease on 30/04, however. if you are placed in the Support Group, then your ESA(CB) will be re-instated and you will receive any back payments due. If you are placed in the WRAG then you will only be eligible for NI Credits if you cannot receive ESA(IR).
Unless a Decision has been made, you cannot make an appeal as there is nothing for you to appeal against.
I'm not aware of any legislation that would cover a re-claim of IVB, however, without knowledge of your appeal and why this statement was made, I cannot categorically state that this would not be the case.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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