ESA Support Group

TELLIT01

olympictorch wrote: »

Mrs torch was a long term recipient of incapacity benefit, (since 1996 originally).
When the rules changed she was assessed for esa and placed on contribution based WRAG. she appealed and lost as she didnt have enough points for the support group.
the esa stopped in April 2015, (after 365 days).
We were advised, incorrectly by job centre plus that she could not apply again.
After a visit to CAB , she reapplied in August of 2015 on the grounds that her condition had seriously worsened.
She had her medical on June 3rd.
Today she received a phone call to say she is being placed in the support group, and they would be "sending her a form to fill in and return".
my question was, should she have been receiving the assessment rate from August 2015, and/or will/should her payments be back dated.

The claim made in August 2015 would almost certainly be Income Related because it doesn't link back to the previous claim (too long between claims) and she wouldn't fulfil the criteria for Conts based, not having worked for many years. That would explain why no payment has been received.
If you are able to prove that she was incorrectly advised by DWP staff she may have grounds to argue that the old and new claims should be contiguous and therefore link. That might give an entitlement to Conts based.
Sorry there are "mays" and "mights" in there but there is no certainty about outcome in a situation like this.

Torry_Quine

densol wrote: »

OP - Ive a feeling your wife may have been awarded ESA income based with nil payment due to your income. You really need to check as this may have been an error if she had sufficient NI contributions in the two full calender years prior to claiming.

I had the same thought. If this was a new application then she won't have NI contributions to get contribution based. With her husband working she won't be able to get income based so has been getting her NI credits only towards her state pension. She was previously on IB so hasn't been paying NI.

Even though her money had stopped at 365 days her claim would have remained open as credits only and if then put into suppport group her money would have started again.

Bananas123

hello again,

re: i would listen to TELLIT01 /\ (out of my depth now!),

good luck,

although as complicated; maybe best to ring them ? (when ever i have needed to they have been always been very helpful, also they can attach electronic "notes" to your claim, which is potentially of good use, for the future.)

it may be that you are not eligable,

BUT it doesn't sound right about you being left in the dark etc > i get letters ("how we work out your money") sometimes (sorry i dunno how regulary, it is not too often)

and they detail things like this for you; do you get them / keep any of them for reference etc ? (just a thought) (maybe you could ask them to send you one ?)

regards

HB58

Was this actually a new claim though?

If payment stopped after 365 days in WRAG, the claim would have continued on a NI credit basis, it would not have been closed.

In which case, this whould have been a supersession on the grounds of worsening condition and the claimant would be due for payments since the date of the decision only,