ESA 365 day rule

Purple-Cherry

Hello,
Last week I attended a meeting with my Personal Advisor, having been placed on ESA in WRAG last year, transfered from IB, have ME, Fybromyalgia, other stuff, plus history of anxiety & depression, very limited mobility and capacity. All going along OK forward looking about ways forward etc etc - then the gut wrenching body blow - "Oh and you do realise that your ESA will stop in April" - WHAT !!! Told only payable for 365 days and then stops; panic attack follows; my carer called in to support me; told that I am going to have benefit stopped and because my husband has a job I will be entitled to absolutely nothing.
So no independance, no value, no worth.


I am not a scrounger or benefit cheat - I worked from the age of 16 and most recently was a Senior Manager with a responsible job - until I became ill - now it seems I am a non person, not entitled to anything - except kicking into the gutter.

I have already had the low rate care DLA taken away and mobility down-graded to low rate because of a change in DLA rules last year. Now this. The Personal Advisor said my only option was to write to my MP.

Is this really true ? Are there any options ? Anyone got any suggestions. Please.

cockaleekee

Yes, this is true, and has been well publicised. You may apply for a supersession if you believe you meet the criteria for the support group, in which case you would be entitled to payments again.

I'm not sure what you mean by the DLA rules changing last year?

Torry_Quine

Purple-Cherry wrote: »

Hello,
Last week I attended a meeting with my Personal Advisor, having been placed on ESA in WRAG last year, transfered from IB, have ME, Fybromyalgia, other stuff, plus history of anxiety & depression, very limited mobility and capacity. All going along OK forward looking about ways forward etc etc - then the gut wrenching body blow - "Oh and you do realise that your ESA will stop in April" - WHAT !!! Told only payable for 365 days and then stops; panic attack follows; my carer called in to support me; told that I am going to have benefit stopped and because my husband has a job I will be entitled to absolutely nothing.
So no independance, no value, no worth.


I am not a scrounger or benefit cheat - I worked from the age of 16 and most recently was a Senior Manager with a responsible job - until I became ill - now it seems I am a non person, not entitled to anything - except kicking into the gutter.

I have already had the low rate care DLA taken away and mobility down-graded to low rate because of a change in DLA rules last year. Now this. The Personal Advisor said my only option was to write to my MP.

Is this really true ? Are there any options ? Anyone got any suggestions. Please.

Yes it's true that contribution based WRAG only lasts for one year and then you can only get income based but that depends on household income. After that you will be credited with NI contributions only. However if in the future you get into the support group your money will re-commence.

Purple-Cherry

Well they changed for me I probably mean ... I had my review time, attended medical examination and although my condition had worsened, my abilities less and my mobility more limited the DLA I had previously been awarded was reduced.

rogerblack

Purple-Cherry wrote: »

Hello,
Last week I attended a meeting with my Personal Advisor, having been placed on ESA in WRAG last year, transfered from IB, have ME, Fybromyalgia, other stuff, plus history of anxiety & depression, very limited mobility and capacity. All going along OK forward looking about ways forward etc etc - then the gut wrenching body blow - "Oh and you do realise that your ESA will stop in April" -

You can in principle late appeal the decision not to place you in the support group.
If you win this appeal,m you'd get backpay back to the original decision of the difference, and payment would not stop in April.
(However, a decision on this appeal may well take over 6 monthS)

cockaleekee

Purple-Cherry wrote: »

Well they changed for me I probably mean ... I had my review time, attended medical examination and although my condition had worsened, my abilities less and my mobility more limited the DLA I had previously been awarded was reduced.

Did you not appeal? You could make a fresh application now.

epitome

Check the Support Grp descriptors, if you fit one (on the day you had your assessment back in March/April 2012) then submit an appeal now. Giving reasons why it is late.

If you think you fit one from a date after your assessment then get supporting letters from doctor and request supersession.

If you have an assessment in the future that keeps you in WRAG and you think you should be in Support Grp then appeal at that time.

tonyw380

Hi all

Just trying to get some advice on this 365 day rule thingy! I have only just been placed in wrag group after 7 months... seems general timescales for this shoddy govt business. Anyway was on income based all that time during assessment and payments were backdated to August so had rebate also..
My wife just got work so informed them now need to be on contributory, then got a letter saying only will receive ESA til Aug 365 day rule as contributory rate only payable for 365 days.
I argued the fact that I had received income based so surely the contributory payments would start from only now? they would not listen...
This leads me to the case that it does not matter that it is based on your NI contributions at all only the fact that your only allowed to be on WRAG for a yr unless you have no income at all.
Anyone know if this is true or any advice would be grateful as I just had surgery again and feel 5 months support of the wrag group will not be enough!
cheers

tony

cockaleekee

tonyw380 wrote: »

Hi all

Just trying to get some advice on this 365 day rule thingy! I have only just been placed in wrag group after 7 months... seems general timescales for this shoddy govt business. Anyway was on income based all that time during assessment and payments were backdated to August so had rebate also..
My wife just got work so informed them now need to be on contributory, then got a letter saying only will receive ESA til Aug 365 day rule as contributory rate only payable for 365 days.
I argued the fact that I had received income based so surely the contributory payments would start from only now? they would not listen...
This leads me to the case that it does not matter that it is based on your NI contributions at all only the fact that your only allowed to be on WRAG for a yr unless you have no income at all.
Anyone know if this is true or any advice would be grateful as I just had surgery again and feel 5 months support of the wrag group will not be enough!
cheers

tony

If you are on CB ESA now, it is likely that you have always been on CB ESA, but you would have received an IB ESA top up to reflect a low household income. Hence your time on CB ESA would start from when you were put in the WRAG, not when your wife found work.

epitome

Cockal.. is correct, but your ESA C actually starts from the start of your claim, includes the three months on assessment rate prior to the WRAG placement.

No doubt your claim started in August 2012.
What is your end date in August 2013?

You can follow the advice in post #7

And can tell me when did you last work? or were you on Incapacity Benefit prior to ESA?

tonyw380

Thank you for your responses and i thought that's what people would say..
I finished at work last june to have major knee surgery and the claim started aug 2nd. Makes me laugh how you can pay contributions for 20 odd years and then they put a timer on you for paying out. If I hadn't paid any contributions I know people who get the contributions based anyhow so makes a mockery of the whole 365 day period!!

So basically the WRAG group is a joke too as it will be 9 months before I have had my first interview and that leaves them 2 more interviews max to help me with what I might need.. Like Im gonna stay on ESA and just get my stamp paid after the 365 days!!

I now see where everyone is coming from saying they are being forced into work, whilst my wife is earning she cannot support me with my rehab and visits to the hospital etc... and what companies will take people on that have been sick for over a year?!

Should be called the WRONG group!