ESA Technical Question

Uncertain

Can anybody tell me for certain (please don't speculate) how the following would be handled.....

ESA stopped by DM after medical fails to score 15 points

Write to claimant advising that he has 28 days to appeal and can claim at assessment rate during appeal if Drs certs supplied.

Claimant sends in appeal after, say, 21 days and supplies cert

From what point is ESA assessment rate paid? Date it stopped or date appeal letter received?

Obviously if appeal is successful then ESA (work or support group) backdated but to when? The date on which it was stopped or date appeal letter received?

If not successful the what happens to days when letters are in the post etc?

Thanks

sunnyone

Uncertain wrote: »

Can anybody tell me for certain (please don't speculate) how the following would be handled.....

ESA stopped by DM after medical fails to score 15 points

Write to claimant advising that he has 28 days to appeal and can claim at assessment rate during appeal if Drs certs supplied.

Claimant sends in appeal after, say, 21 days and supplies cert

From what point is ESA assessment rate paid? Date it stopped or date appeal letter received?

Obviously if appeal is successful then ESA (work or support group) backdated but to when? The date on which it was stopped or date appeal letter received?

If not successful the what happens to days when letters are in the post etc?

Thanks

Why one earth would you wait 21 days when your main source of income is withdrawn?

healy

Uncertain wrote: »

Can anybody tell me for certain (please don't speculate) how the following would be handled.....

ESA stopped by DM after medical fails to score 15 points

Write to claimant advising that he has 28 days to appeal and can claim at assessment rate during appeal if Drs certs supplied.

Claimant sends in appeal after, say, 21 days and supplies cert

From what point is ESA assessment rate paid? Date it stopped or date appeal letter received?

Obviously if appeal is successful then ESA (work or support group) backdated but to when? The date on which it was stopped or date appeal letter received?

If not successful the what happens to days when letters are in the post etc?

Thanks

If the appeal is successful it is backdated to the date on which it stopped.

I had a google to see if I could get a definitive answer to your first question but could not find anything, I think if you appeal within the time limit it will be paid from when it was stopped.

dookar

unless the medical evidence dates don't tie up

Uncertain

healy wrote: »

If the appeal is successful it is backdated to the date on which it stopped.

I had a google to see if I could get a definitive answer to your first question but could not find anything, I think if you appeal within the time limit it will be paid from when it was stopped.

Thanks....

Yes, I had tried Google with a similar lack of a definite answer! Obviously, if it is a case of claiming what one is entitled to, rather than needs to pay the bills, then it makes sense to let most of the 28 days go by.

The alternative doesn't really seem fair as the amount a claimant loses depends on how long letters take in the post and how long the DWP take to put them in the system once they arrive.

The difference could amount to around £200 if you think about the extremes!

As a further question, do you know how long reconsideration and formal appeals are taking currently?

Uncertain

sunnyone wrote: »

Why one earth would you wait 21 days when your main source of income is withdrawn?

This is not a means tested benefit so is available to anybody who meets the medical criteria irrespective of assets.

alwaysonthego_2

Uncertain wrote: »

This is not a means tested benefit so is available to anybody who meets the medical criteria irrespective of assets.

If you are still talknig about ESA, it can be means tested.

If a client has not got enough NI conts then they will have to claim the IBESA and if their household income/capital is too high they will not be entitled to a payment, just their NI conts paid.

Uncertain

alwaysonthego wrote: »

If you are still talknig about ESA, it can be means tested.

If a client has not got enough NI conts then they will have to claim the IBESA and if their household income/capital is too high they will not be entitled to a payment, just their NI conts paid.

There are enough NI contributions in this case.

It was my clear understanding that the basic ESA was CONTRIBUTION based, as are the work and support group components. Is there not then a further part of ESA that is means tested?

If you feel this is not so then perhaps you could provide a link that confirms?

alwaysonthego_2

IBESA and CBESA are the same benefit but with different eligibilty.

http://www.adviceguide.org.uk/index/your_money/benefits/benefits_for_people_who_are_sick_or_disabled.htm#employment_and_support_allowance



There are two types of ESA:

• contributory ESA, which you can get if you have paid enough national insurance contributions
• income-related ESA which is paid if your income and capital are low enough.

You may be able to get both contributory ESA and income-related ESA, depending on your circumstances. For both types of ESA, you will usually have to have various tests to confirm that you have limited capability for work.
For most new claims, ESA replaces Incapacity Benefit and also Income Support for people getting it because they can't work due to sickness or disability. If you are already getting Incapacity Benefit or Income Support because of sickness or disability, you can carry on getting it and you do not have to claim ESA.
For more information about Income Support, see Help for people on a low income – Income Support.
ESA is paid by the Department for Work and Pensions (DWP) and, in Northern Ireland, by the Social Security Agency.

Uncertain

Thanks, that confirms what I thought.

Only contribution based ESA is being claimed here (obviously for medical reasons) and no other benefits of any kind.

This has strayed off the original question and the potential £200 difference depending on dates and timing!

Anybody know the answer to that one?

healy

Uncertain wrote: »

Thanks....

Yes, I had tried Google with a similar lack of a definite answer! Obviously, if it is a case of claiming what one is entitled to, rather than needs to pay the bills, then it makes sense to let most of the 28 days go by.

The alternative doesn't really seem fair as the amount a claimant loses depends on how long letters take in the post and how long the DWP take to put them in the system once they arrive.

The difference could amount to around £200 if you think about the extremes!

As a further question, do you know how long reconsideration and formal appeals are taking currently?

It varies how long appeals take, but it is usually between 3 and 6 months.

Reconsiderations are usually quicker and take weeks rather than months.