ESA 365 Day Rule (THE END)

Flm

Hi
I am on ESA contribution based which ends in a few weeks and am getting very stressed that when that day arrives that could be the day the government cause the end of my marriage.

Long story but i have been on IB that swapped over too ESA contribution based work related. I was then changed to the support group, then back to work related that i have been on for nearly 365 days.

My partner works more than 24 hours and earns over £7500, we have no savings, but it still means that i am not entitled to ESA income related due to my partner. This also mean that i am not entitled to claim jsa contribution due to not having class 1 stamps as ESA only give you class 2 stamps. Jsa income related is also not in my entitlement from what i understand.

So that means from that day the 365 limit ends we will be £400 a month worse off and means i am entitled to £0 a month even though i am currently unable to work due to my health. From looking on the tax credits checker even without ESA the tax credits do not change to compensate the loss of ESA.

So what do i do? We have no idea what is going to happen apart from the bills pilling up, not being able to pay the rent and possibly not be able to support our children. This has caused so much stress and arguments between me and my partner and my health has got even worse due to this on my mind continuously alongside suicide thoughts.

The only way out of this as far as i can see is for us to separate and i go and live in a house share that will be funded by HB and CTB, which will enable me to be entitled to ESA income related.

But i don't want to do this, but there is no other option.

It seems to me that after 365 days the government are saying thats it and dumping those that are in this situation on the scrap heap.

Not a great idea to make those suffering with illness and mental health to go into an even worse state of health that could end up in suicide.

I have no idea what is going to happen when that date arrives.

mikey_bach

If in the Wrag your ESA Conts will end...........after 365 days

Flm

mikey_bach wrote: »

If in the Wrag your ESA Conts will end...........after 365 days

Thats correct. And when that date arrives in a few weeks i will not be entitled to any other benefit.

£0

mikey_bach

Have you tried claiming WTC on your wifes earnings may be worth while

Flm

mikey_bach wrote: »

Have you tried claiming WTC on your wifes earnings may be worth while

Yes we currently get child tax credit but not working tax credit for some reason?

bloolagoon

Flm wrote: »

Yes we currently get child tax credit but not working tax credit for some reason?

What's wrong with your husband/wife supporting you? Mine would no matter if we had to live in a tent, we made vows that include better or worse, in health. Surely your husband not strangers should support you?

Flm

bloolagoon wrote: »

What's wrong with your husband supporting you? Mine would no matter if we had to live in a tent, we made vows that include better or worse, in health. Surely your husband not strangers should support you?

My wife has supported me for a few years now whilst i have been unwell and with me entitled to £0 in the next few weeks i think that will be the end.

How long do you think she would help support me and our two children whilst she only works 30 hours a week.

I think this would be the final nail in the coffin, as they say.

rogerblack

Flm wrote: »

So that means from that day the 365 limit ends we will be £400 a month worse off and means i am entitled to £0 a month even though i am currently unable to work due to my health.

In principle, you could make a late appeal about the decision to place you in the work-related group.
https://www.gov.uk/government/publications/esa214-a-guide-to-employment-and-support-allowance-the-work-capability-assessment

Page 26 - the 'Limited Capability for work related activity' descriptors.
Do you feel you meet any of them?
Ideally you would have medical evidence that you do.
An appeal at this time has essentially no risk - as your ESA is coming to an end anyway - and you would only be getting NI credits and no cash from this point forward. (Unless your husband was to lose his job, or you were to split up).

If you win the appeal - you would get backdated the difference in the support group and work related (about 250 pounds) and payment would resume.

bloolagoon

Flm wrote: »

My wife has supported me for a few years now whilst i have been unwell and with me entitled to £0 in the next few weeks i think that will be the end.

How long do you think she would help support me and our two children whilst she only works 30 hours a week.

I think this would be the final nail in the coffin, as they say.

My husband would support me till I die (and likely will as have cancer). Your wife earns enough to support you, that's life. Make the most of what really matters which is family, love and support. You want to deny your children a father to fiddle the benefit system (paid for by taxes from the likes of me whom may never see our children grow) then it's your choice. Kids will see things as they get older.

You have a supportive family, why kick them ?

Marriage doesn't end with illness

Flm

Sorry for the confusion, i am the husband. My wife is the one working.


When i was placed from support group to working group, i didnt agree, but as i was not too well i did not appeal within the time frame.

I will try the late appeal, but it will be nearly 10 months later from the original letter.

I was also at the time of being put back to the work group seeing a mental health councillor every month for about 18 months until about a month ago when my treatment was stopped due to their time limits of treating a patient. (Gov cost cutting again?)

So it seems strange that i was put back into the work group whilst having treatment.

At this moment i think i will have to go back for more treatment due to the stress the Gov have recently put me under. Just when i was getting better and have recently managed to stop taking the medication i have been on for 8 years.

Its like i have worked so hard to get better and have been kicked in the balls by the Gov at the last minute.



If i appeal when the 365 day limit is near will they carry on paying me until a decision is made? Even if that date is passed?

bloolagoon

Flm wrote: »

Sorry for the confusion, i am the husband. My wife is the one working.


When i was placed from support group to working group, i didnt agree, but as i was not too well i did not appeal within the time frame.

I will try the late appeal, but it will be nearly 10 months later from the original letter.

I was also at the time of being put back to the work group seeing a mental health councillor every month for about 18 months until about a month ago when my treatment was stopped due to their time limits of treating a patient. (Gov cost cutting again?)

So it seems strange that i was put back into the work group whilst having treatment.

At this moment i think i will have to go back for more treatment due to the stress the Gov have recently put me under. Just when i was getting better and have recently managed to stop taking the medication i have been on for 8 years.

Its like i have worked so hard to get better and have been kicked in the balls by the Gov at the last minute.



If i appeal when the 365 day limit is near will they carry on paying me until a decision is made? Even if that date is passed?

So you stay married if benefits, divorce and leave children in a single household if not?

I work with MH - you have NO idea how lucky you are, have you even discussed divorcing her because of a few pounds a week?