esa advice needed

epitome

henshan wrote: »

Thank you I will ring them on monday to find out if we are entitled, great advice.

If you are going to call them do not get fobbed off by the person who answers the call, they do not work in the benefit centre, insist on a 3hour callback.

Then ask the person who calls you back about a new claim for ESA C which will not link (within 12 weeks) to the old claim i.e. using the current relevant income tax years (RITYs) 9/10 & 10/11

This is a new rule which has just come in, in March 2012, if they don't know what you are talking about ask to speak to someone who does. The rules are laid out in
"Memo DMG 13/12 ESA: CHANGES TO CONTRIBUTORY ALLOWANCES"

henshan_2

Just checking, what does (RITY's) stand for?

broughton_man

Hi
The benefit enquiry line my ba able to offer so help on 0800 88 22 00 i would also say contact your local C.A.B for some advice here sorry i carnt help anymore, i was in the same as you some time go and i went to appeal, which took almost tweleve months to get into the appeal court, but i won and was placed in the S.P, i understand you only get the benefit for 12 months if your in the W.R.A.G, best of luck, sounds like you need to appeal to the support group, but call the benefit line they will be able to advice. best of luck

HB58

"So I think he only needs to stay on ESA NIC if he wants to, for state pension purposes."

If anyone suffers from a condition that is likely to worsten over time, there are only 2 ways that they will be abble to access the support group in future.

The first way is to have worked and paid NI contributions in the meanwhile.

The second way is to have continues the ESA claim for NI contributions. The support group cannot be accessed at a later stage if the claim has been discontinued.

epitome

HB58 wrote: »

"So I think he only needs to stay on ESA NIC if he wants to, for state pension purposes."

If anyone suffers from a condition that is likely to worsten over time, there are only 2 ways that they will be abble to access the support group in future.

The first way is to have worked and paid NI contributions in the meanwhile.

The second way is to have continues the ESA claim for NI contributions. The support group cannot be accessed at a later stage if the claim has been discontinued.

Yes, good point, but there is a third way, ... to make a new claim to ESA Conts under different RITYs, however, as there is no gaurantee the new claim for ESA Conts after 12 weeks will be successful, it would be best not to close the initial claim.

Just checking, what does (RITY's) stand for?

Relevant Income Tax Years (RITYs) 9/10 & 10/11

So my advice would be to stay on ESA for NIC only and follow all the instructions for reassessment and appeal if necessary

i.e.
If he fails the medical and ESA is disallowed he should appeal that decision
If he passes the medical and is in the WRAG and you want him in the support group you can appeal that decision to get him in the support group.

In all cases he will not receive any payments on the claim unless he is either:
Placed in the support group or
He makes a new claim to ESA Conts after 12 weeks which does not link and that claim is succesful......then he should start getting paid again from the date of the new claim, whether he is on appeal or not.

niandsa

henshan wrote: »

Hi,

My husband worked until May 2011 but suffered with severe depression and due to all the time he had a way from work was let go.

This decision has put more strain on us both and all the worry has made his mental health state worse.

Has your husband been referred onto a psychiatrist or community health team? The DWP would probably expect someone who is suffering from severe depression to be receiving more help than just the GP. I have severe depression and am under the CMHT and have a community mental health nurse. I sent my care plan in to the DWP along with my repeat prescription and was placed in the Support Group with no medical. It seems that the more documentary evidence of your condition you can supply, the more likely you will have a positive outcome to a benefit claim.

A psychiatrist can supply different medication to your GP and can access different therapies and other support to help your husband and yourself. I also claim DLA on the advice of my support worker who helped with the application.

Good luck

epitome

Oh and another thing don't allow anyone at any stage of the process to talk you out of reclaiming ESA conts after 12 weeks from previous ESA C exhaustion, (you have to remember the person you are talking to on the phone may not be aware of the new legislation) it is your right to claim as many times as you want. They have to process the claims you make. The important thing to check after making the new claim is to ask after it has been processed what RITYs they used to determine eligibility it should be 09/10 & 10/11 if it wasn't those two, then ask why it wasn't those two used.....(claims should only link within 12 weeks)