Letter recieved saying ESA stopped two days ago due to 365 day ruling - no warning ??

villarenter30

I have been on incapacity benefit for a few years and was moved from IB to ESA in 2010 - I passed my medical and was reviewd again in 2011 and told I would take another medical in 2012 - I did that on Dec 3rd and have had no correspondance since - nothing to say if I passed or failed medical - I telephoned and was told a letter was on its way out to me - but nothing has been recieved and that I had passed the medical and been put in a support group (sure thats what they said) and I would be reviewed in a year - a week later still no letter and I rang again and was told they would send a copy - today I have recieved a letter saying my esa contribution based has ended on Dec 27th as I am not in a support group as my 365 days are up - naturally I am distraught cannot get hold of job centre until monday but googling the subject it says you should be informed at least 8 weeks before your benefit is due to stop - I have not had any of that and a medical less than four weeks ago - as anyone else had anything like this ? any help gratefully recieved

sammyjammy

Are you entitled to means tested benefits? Could you not have rang the Benefit Delivery office today? They were open as usual?

Guilty.Spark

Hi,

I'm so sorry you find yourself in this situation.


Based on my own experiences of ESA, if they stop your benefit the best thing you can do is start a new claim and go back down to the standard rate of ESA whilst your claim is ongoing, as if your medical was unsuccessful you are able to appeal that decision. You will get paid whilst the appeal is ongoing. But with it being the 365 rule I'm honestly not sure how you would stand in the appeals process and the best thing to do would be contact the benefits helpline.


In the meantime, when was your payment due? Have you checked your account to see if any money has gone in? BACS payments take 3 days in general to be credited and a bit more time with it being Christmas. In the meantime, you could consider applying for a crisis loan from the benefits agency and also, have you applied for DLA if you have a disablement or impairment?


Get onto the benefits agency ASAP.

villarenter30

I don't understand it all - as when I google the subject it says you should recieve a letter at least 8 weeks before your 365 days is up - i recieved nothing except the medical appointment for aos - which i attended on the 3rd of dec - i rang two weeks after the 3rd and was told you have been placed in a support group with a review in a year - i am positive thats what they said and a letter as on its way - no letter recieved and they send they would re -send and then this letter recieved today - so not only have i had no warning of the 365 day thing - which I have never heard of until today - but no results of the medical either except what i have gleaned in my phone calls to them - I am in shock really - i did ring the number on the paperwork at 11am this morning which said closed until monday ???

Torry_Quine

Were you in the support group or the WRAG prior to this recent assesement? If in the support group already then it should never have stopped.

Horseunderwater

villarenter30 wrote: »

I have been on incapacity benefit for a few years and was moved from IB to ESA in 2010 - I passed my medical and was reviewd again in 2011 and told I would take another medical in 2012 - I did that on Dec 3rd and have had no correspondance since - nothing to say if I passed or failed medical - I telephoned and was told a letter was on its way out to me - but nothing has been recieved and that I had passed the medical and been put in a support group (sure thats what they said) and I would be reviewed in a year - a week later still no letter and I rang again and was told they would send a copy - today I have recieved a letter saying my esa contribution based has ended on Dec 27th as I am not in a support group as my 365 days are up - naturally I am distraught cannot get hold of job centre until monday but googling the subject it says you should be informed at least 8 weeks before your benefit is due to stop - I have not had any of that and a medical less than four weeks ago - as anyone else had anything like this ? any help gratefully recieved

What were you originally put on ESA wise? Was it Support group Contributions or WRAG contributions? If the latter that is the one where the 365 days rule applies. If the former then it is on going with assessments every so often. Find the original award notice and have anoher read of it. I expect that what might have happened is that you were in WRAG contributions and that this claim has ended, but you have in fact now passed the medical done by ATOS on 3rd Dec and that a new award is in fact on its way, delayed due to Christmas/New year post/staff shortages etc Ring the DWP on Monday between 8-9 am and they should be able to take your details and get somebody from the decision making dept to call you back with the right information re your award.