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After ESA (c) ends?
- roadrunner
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12 years 2 months ago - 12 years 2 months ago #96783 by roadrunner
After ESA (c) ends? was created by roadrunner
Hello
When ESA (C) ends after 12 months, and if I pass a review, does it continue as ESA (C) for another 12 months?
I have been refered to a Reed Work Programme and looking at it positively to get me back into work. If they deem me as doing well can they trigger an early review by contacting DWP? If not are ESA50 forms sent out again at review date or several months before?
Thanks
When ESA (C) ends after 12 months, and if I pass a review, does it continue as ESA (C) for another 12 months?
I have been refered to a Reed Work Programme and looking at it positively to get me back into work. If they deem me as doing well can they trigger an early review by contacting DWP? If not are ESA50 forms sent out again at review date or several months before?
Thanks
Last edit: 12 years 2 months ago by Gordon.
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- Gordon
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12 years 2 months ago - 12 years 2 months ago #96787 by Gordon
No, once you have spent 365 days in the WRAG you are no longer entitled to payments for ESA(CB), unless you are able re-meet the NI Contribution requirements. If you meet the means test, you will be transferred to Income Related ESA.
As far as I am aware, Work Programme providers have no input into when a claimant is re-assessed for ESA.
The ESA50 is usually sent out a couple of months in advance of the re-assessment date, however it is worth remembering that whilst the DWP usually re-assesses claimants to this schedule, they are not required to and a re-assessment can be initiated at any time.
Gordon
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Replied by Gordon on topic After ESA (c) ends?
roadrunner wrote: Hello
When ESA (C) ends after 12 months, and if I pass a review, does it continue as ESA (C) for another 12 months?
No, once you have spent 365 days in the WRAG you are no longer entitled to payments for ESA(CB), unless you are able re-meet the NI Contribution requirements. If you meet the means test, you will be transferred to Income Related ESA.
I have been refered to a Reed Work Programme and looking at it positively to get me back into work. If they deem me as doing well can they trigger an early review by contacting DWP? If not are ESA50 forms sent out again at review date or several months before?
Thanks
As far as I am aware, Work Programme providers have no input into when a claimant is re-assessed for ESA.
The ESA50 is usually sent out a couple of months in advance of the re-assessment date, however it is worth remembering that whilst the DWP usually re-assesses claimants to this schedule, they are not required to and a re-assessment can be initiated at any time.
Gordon
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Last edit: 12 years 2 months ago by Gordon.
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- Gareth56
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12 years 2 months ago #96800 by Gareth56
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Replied by Gareth56 on topic After ESA (c) ends?
There is another way by which you can reclaim CB ESA after ones 365days in the WRAG has expired. If your condition worsens and you think you may get into the Support Group then you can claim again under Section 52 of the Welfare Reform Act 2012 viz. 'Further entitlement after time-limiting'. I have to admit though the exact mechanism as to how you go about doing this is somewhat vague and short on detail!
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- bro58
12 years 2 months ago #96801 by bro58
Yes, wouldn't that be as a result of being placed into the SG as a result of a supersession/review due to a deterioration in one's condition.
Section 52 Welfare Reform Act 2012
bro58
Replied by bro58 on topic After ESA (c) ends?
Gareth wrote: There is another way by which you can reclaim CB ESA after ones 365days in the WRAG has expired. If your condition worsens and you think you may get into the Support Group then you can claim again under Section 52 of the Welfare Reform Act 2012 viz. 'Further entitlement after time-limiting'. I have to admit though the exact mechanism as to how you go about doing this is somewhat vague and short on detail!
Yes, wouldn't that be as a result of being placed into the SG as a result of a supersession/review due to a deterioration in one's condition.
Section 52 Welfare Reform Act 2012
bro58
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12 years 2 months ago #96824 by Gareth56
Yes that's right although how after say 4 years off CB ESA your condition deteriorates (to potential SG entry) you're going to satisfy part (a) viz. "the person has not at any subsequent time ceased to have (or to be treated as having) limited capability for work" isn't too clear (to me anyhow!) How do the DWP know you've had LCW over those 4 years?
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Replied by Gareth56 on topic After ESA (c) ends?
bro58 wrote:
Gareth wrote: There is another way by which you can reclaim CB ESA after ones 365days in the WRAG has expired. If your condition worsens and you think you may get into the Support Group then you can claim again under Section 52 of the Welfare Reform Act 2012 viz. 'Further entitlement after time-limiting'. I have to admit though the exact mechanism as to how you go about doing this is somewhat vague and short on detail!
Yes, wouldn't that be as a result of being placed into the SG as a result of a supersession/review due to a deterioration in one's condition.
Section 52 Welfare Reform Act 2012
bro58
Yes that's right although how after say 4 years off CB ESA your condition deteriorates (to potential SG entry) you're going to satisfy part (a) viz. "the person has not at any subsequent time ceased to have (or to be treated as having) limited capability for work" isn't too clear (to me anyhow!) How do the DWP know you've had LCW over those 4 years?
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- slugsta
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12 years 2 months ago - 12 years 2 months ago #96825 by slugsta
The DWP will continue to subject claimants to periodic reassessments during the time that their ESA claim is 'live', even if they are not receiving any money.
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Replied by slugsta on topic After ESA (c) ends?
Gareth wrote:
Yes that's right although how after say 4 years off CB ESA your condition deteriorates (to potential SG entry) you're going to satisfy part (a) viz. "the person has not at any subsequent time ceased to have (or to be treated as having) limited capability for work" isn't too clear (to me anyhow!) How do the DWP know you've had LCW over those 4 years?
The DWP will continue to subject claimants to periodic reassessments during the time that their ESA claim is 'live', even if they are not receiving any money.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 2 months ago by bro58. Reason: Corrected quote
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