Cont base ESA year is up, what now?

olias

My wife is on cont based ESA which she has been informed will end in July. She has no other income except DLA and a small occupational pension (approx £50 pw). My only income is carers allowance for her.

She is currently in the work based group and is appealing to be placed in the support group.

I believe that when the cont based ESA runs out she will be eligible for income based ESA - have done the online benefits checker and it states that this is the case and/or income support.

My question is when does she apply for these two benefits? Now, or when the cont based ESA runs out, which could leave us potentially in the !!!! until a descision is made.

Also what is likely to happen if she does get income based ESA awarded then, and if she subsequently wins her appeal? Will she go back to cont based ESA in the support group?

Its so bl00dy confusing........

Olias

schrodie

As far as I understand it if her term in the WRAG of CB ESA ends in July then prior to this date she'll be issued with another ESA50 and if she's again placed in the WRAG following an WCA then she'll be able to claim IR ESA rather than CB ESA if she passes the means test.

As for her appeal again as far as i understand it if she wins she'll just be placed into the SG with the increase in money. Being in the SG doesn't involve any time limits irrespective of whether ones in the CB ESA or IR ESA cohort.

rogerblack

olias wrote: »

I believe that when the cont based ESA runs out she will be eligible for income based ESA - have done the online benefits checker and it states that this is the case and/or income support.

She will be sent a form - not an ESA50 - asking about her income, then she will be migrated over.

As I understand it, the amount you would receive would be little different - the CA would go to the carer premium attached to the ESA claim, rather than being a seprate benefit.

benefitbaby

Agree with Rogerblack above you will be sent an ESA3 form to complete.

You entitlement is interesting as you have the option of CA+ESA or CA+IS, depending on the rates of DLA payable you could be better off on CA/IS than ESA due to the premiums or components that are added.

JS477

Unless the DWP sends you another ESA50 to determine continuing ESA eligability after the [initial] WRAG term ends how will they know?

rogerblack

JS477 wrote: »

Unless the DWP sends you another ESA50 to determine continuing ESA eligability after the [initial] WRAG term ends how will they know?

You remain entitled to ESA until your capacity for work is reasessed.
Even if the award is for a fixed period.

Someone who is in the WRAG of contributions based ESA remains entitled to ESA - their contributions continue to accrue for pension purposes.
It's just payment stops.
You may be periodically reassesed even when not paid.

JS477

rogerblack wrote: »

You remain entitled to ESA until your capacity for work is reasessed.
Even if the award is for a fixed period.

Someone who is in the WRAG of contributions based ESA remains entitled to ESA - their contributions continue to accrue for pension purposes.
It's just payment stops.
You may be periodically reassesed even when not paid.

Is reassessment carried out by the issuing of another ESA50?

cabbage

HI

when I checked this for someone, they were better off on ESA rather than CA/IS if they were in the support group.

benefitbaby wrote: »

Agree with Rogerblack above you will be sent an ESA3 form to complete.

You entitlement is interesting as you have the option of CA+ESA or CA+IS, depending on the rates of DLA payable you could be better off on CA/IS than ESA due to the premiums or components that are added.

rogerblack

JS477 wrote: »

Is reassessment carried out by the issuing of another ESA50?

Perhaps (it can be done on the papers at the DWP if they chose) but payment ceasing due to time limiting is unrelated to the capability assessment process, and will not usually trigger a reassessment.

JS477

Still unclear as to what that means Roger.

If you were initally placed in the CB ESA WRAG for say 2 years you get paid for the first year then NICs for the second then do the DWP send out another ESA50 just prior to the end of the second year so as to determine continued eligability for ESA?

Or as you said above can they just look at historical papers (old ESA50s?) and detemine continued ESA eligability from those?

rogerblack

JS477 wrote: »

Still unclear as to what that means Roger.

If you were initally placed in the CB ESA WRAG for say 2 years you get paid for the first year then NICs for the second then do the DWP send out another ESA50 just prior to the end of the second year so as to determine continued eligability for ESA?

Or as you said above can they just look at historical papers (old ESA50s?) and detemine continued ESA eligability from those?

There are not two benefits - ESA-C and ESA-IR.
There is one, and the DWP can move you between these as they choose, based on you meeting the contributions criteria.

This all depends on you continuing to be found to be (or treated to be found) incapable for work (or work related activity).

The two parts - eligibility for ESA(C) or ESA(IR) and your capability for work are seperate and unrelated.

You are found incapable for work with a 'prognosis' of 2 years, and because of your contributions record, continue to be paid without regard to partners or other income, until one year is up.

After that year is up (a year total in the assessment + WRAG), you remain incapable for work, but your payment stops due to 'time limiting'.
You keep getting your stamp paid.
You are then sent a form to assess your household income (not your health) to see if you are entitled to ESA-IR.
If you are, then this comes into payment.
A year later, if everything continues on schedule, the DWP probably will reassess your health.

However, they can choose to reassess anyones health three months after the last decision, for no reason at all.