Life after 365 days of CB ESA

My 365 day time limit on CB ESA , in the WRAG, would have ended this week, but two weeks ago, I had a letter ending my benefit, as a consequence of getting nil points at a further ATOS Medical.

Initially was going to appeal, but now don't know whether it is worth it, as unless I get into support group, which is extremely unlikely, I would only get NI contributions for all the hassle.

I have been giving some thought to claiming JSA with the aim to look for a little part time job, but some posts are confusing me as to whether I can.

Any advice would be greatly appreciated.

Lyn wrote: My 365 day time limit on CB ESA , in the WRAG, would have ended this week, but two weeks ago, I had a letter ending my benefit, as a consequence of getting nil points at a further ATOS Medical.

Initially was going to appeal, but now don't know whether it is worth it, as unless I get into support group, which is extremely unlikely, I would only get NI contributions for all the hassle.

I have been giving some thought to claiming JSA with the aim to look for a little part time job, but some posts are confusing me as to whether I can.

Any advice would be greatly appreciated.

Hi L,

It is entirely your decision. However, as you will not be entitled to CB ESA, neither will you be entitled to CB JSA.

If you cannot pass the means test for IR ESA, then the same will apply with JSA.

Further, to sign on for JSA, you must sign to state that you are fit and able to actively seek and take up employment, so there may be problems there. They do have Disability Advisers in JC Plus who may be able to help.

The advantage of appealing is, if you manage to gain entry to The SG, as you say, your payments of CB ESA will be reinstated, and backdated to the time of the fit for work decision.

If you appeal, and get placed into The WRAG, then even though you will only be entitled to NI Credits for State Pension purposes, as the WRAG award will be backdated to the time of the fit for work decision, you would then have a continuous assessment of WRAG, (Limited Capability for Work, LCW).

While you have a continuous live assessment of WRAG, (LCW) you can request a supersession/review, if your condition deteriorates or you suffer from new medical conditions, that would give you entry to The SG.

If you then get placed into The SG, again your CB ESA payments would be reinstated, and would remain in payment for as long as you remain in The SG.

If you "opt out" (end your claim) of ESA for more than 12 weeks, then the only way that you would then be entitled to payment of CB ESA in the future, would be to obtain the necessary NI Contributions from employment.

If you decide to appeal, you only have one month from the date of the ESA Decision Notice letter.

Please repost here, if you have any further queries.

bro58

Thank you for that excellent reply.

On a technicality, does it make any difference, if I haven't actually exhausted the 365 day time limit?

Lyn wrote: Thank you for that excellent reply.

On a technicality, does it make any difference, if I haven't actually exhausted the 365 day time limit?

Hi L,

I am not totally sure what you are asking ?

If it is regarding an appeal, if you appeal the fit for work decision, and provide a Med 3 obtained from your G.P. to cover you from the time of the 0 points decision, you would only be entitled to CB ESA Assessment Rate for the time that was left of your 365 day entitlement..

(Which seems to be around two weeks from your comments)

The 365 day limit pertains to CB ESA whether it be in The WRAG or at Assessment Rate if you appeal, only time spent in The SG in receipt of CB ESA is not counted.

Therefore, the only way that you would be entitled to CB ESA once more, is by gaining entry to the SG as a result of appealing this decision, or as a result of a supersession/review at some time in the future with reference to the information in my first post.

The only other way would be to gain the necessary NI Contributions from employment.

bro58

bro58 wrote:

Lyn wrote: Thank you for that excellent reply.

On a technicality, does it make any difference, if I haven't actually exhausted the 365 day time limit?

Hi L,

I am not totally sure what you are asking ?

If it is regarding an appeal, if you appeal the fit for work decision, and provide a Med 3 obtained from your G.P. to cover you from the time of the 0 points decision, you would only be entitled to CB ESA Assessment Rate for the time that what was left of your 365 day entitlement..

(Which seems to be around two weeks from your comments)

The 365 day limit pertains to CB ESA whether it be in The WRAG or at Assessment Rate if you appeal, only time spent in The SG in receipt of CB ESA is not counted.

Therefore, the only way that you would be entitled to CB ESA once more, is by gaining entry to the SG as a result of appealing this decision, or as a result of a supersession/review at some time in the future with reference to the information in my first post.

The only other way would be to gain the necessary NI Contributions from employment.

bro58

Hi L,

Just in case you didn't notice, I have corrected some information in my original post.

You may wish to read it once more.

bro58