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ESA/Return to Work Credit Questions

Hello everyone

Ive been reading for a while and have finally built up the confidence to post for the 1st time so be gentle.

I have been on ESA Contributions based for the last few years. Each time I go for my medical with ATOS, I fail it (usually scoring 0 points), I then appeal and around 8 months later I win my appeal. I have been placed in the Support Group once for 1 year and in the Work Related Group 2x for 1 year. A few months ago I failed my medical again. As always happens I am placed on the assessment phase of ESA which is £67 whilst waiting for my appeal to be heard. My appeal probably won't be heard until Spring next year. It is my understanding that there is a time limit being imposed for people on ESA Work Related Activity Group of 1 year. If I do win my appeal but I am put in the Work Related Group this time (as has happened in the past) then straight away I would have went over the time limit of a year.

I don't really know what to do for the best.

A family friend has offered me a job at her home, she would be paying me around minimum wage and it would all be official, does this mean I could claim the Return to Work Credit of £40 if I was working at least 16 hours and not earning too much? Does it make any difference that I would not be working for a company?

I am very concerned about my ability to hold down a job 16 hours per week but financially this is becoming very stressful so I feel like if I can take a job where I am working for someone I know it will be less stressful for me.

Thanks in advance

Jules

Comments

  • Muttleythefrog
    Muttleythefrog Posts: 20,334 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 6 January 2012 at 3:16PM
    It isn't law yet regarding the 12 months period of entitlement of WRAG for Contrib based claims but I think it's worth assuming it will become so. My understanding is that if you've had 12 months of WRAG (in total) or more then you'll automatically lose entitlement to CB ESA for either group! If my understanding is correct the 12 month period is only accumulated if in the WRAG on CB ESA but once that time is up then you cannot qualify for CB ESA and would instead have to look to see if entitled to Income related ESA... in effect S.G. will not protect you from the 12 month WRAG limit it'll simply not add to your accumulated period on it. If so this might catch a lot of people out... who will try to get into S.G. thinking they'll contionue to get CB ESA if successful... but my understanding is they only will if the 12 months CB WRAG has not been used up.

    Hopefully someone will confirm this (or explain why it isn't the reality if what is proposed becomes law) and help more generally in advice including the later issue regarding work and credits.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
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