CB or IR

blackcloud

Hello all I have a question if anyone knows the answer too?

I receive ESA Contribution based In Support Group

1) If I for instance fail a medical and I appeal the decision I am aware I would get the basic rate of ESA however, would this basic rate ESA still be "Contribution" based? or income based?

The reason I asked was because I read

The DWP are now taking the line that:

- ESA after appealing is a new claim, though new claim is required
- it initiates a new assessment phase
- after a successful appeal, the FfT decision is to be implemented only as far as the new award of ESA, from whence, a new LCW assessment is to be applied.

There is one possible problem… JC tends to treat payments of ESA on appeal as being on a new claim. If the two claims are seperated by a change in benefit years (1st Sunday in January) then it is feasable that the first assessment phase rate was CB-ESA and the appeal-assessment-phase rate is IR-ESA.

http://www.rightsnet.org.uk/forums/viewthread/1033/

http://www.rightsnet.org.uk/forum-archive/index6e08.html

Does this mean if I have a medical, then fail and I no longer qualify for the Contribution based ESA, I would be put onto Income related ESA?

Has anyone ever been getting CB ESA in the Support Group and then failed a medical, appealed and carried on getting CB ESA? or IR ESA? at the assessment rate while appealing?

ANy help appreciated.

Horseunderwater

Hi there
You stay on contribution based ESA support group for as long as you have that award - there would be no need to appeal. If however you do not have much in the way of other income then you can opt to change over to income related and that gives you access under current rules to help with rent or mortgage interest and what will now be called council tax support. You would also get an additional disability premium and NHS treatment would be free for all prescriptions including glasses and you get a voucher for £64.20 towards lenses/frames. Dental treatment would be free as well.