Prison and ESA cb

Hello,

A few short question if anyone knows the answer.

1 I understand that ESA (CB) will of course stop if a person goes to prison for say 5 or 6 months.

If that ESA (CB)support group was continuous for a good number of years, ie if it was broken such as going to prison does that mean that the person on release could only apply for ESA (IB)?

2 if given community hours to do how would that affect an existing claim for ESA (CB) support group.

Thanks a lot for advice.
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Comments

  • Not sure, but good questions especially the second. If a person can't work, how could they be expected to do Community Service?
  • Its most likely that community service would be replaced by a fine in such a case.
  • Thanks a lot for your take on this, if anyone has any ideas on first question would be appreciated.


    Thanks
  • dippy3103
    dippy3103 Posts: 1,959
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    venison wrote: »
    Its most likely that community service would be replaced by a fine in such a case.

    Or the work could be something that is manageable for someone with the medical condition for which they get ESA for
  • Hello,

    A few short question if anyone knows the answer.

    1 I understand that ESA (CB) will of course stop if a person goes to prison for say 5 or 6 months.

    If that ESA (CB)support group was continuous for a good number of years, ie if it was broken such as going to prison does that mean that the person on release could only apply for ESA (IB)?

    2 if given community hours to do how would that affect an existing claim for ESA (CB) support group.

    Thanks a lot for advice.

    If you're in prison you won't get ESA.
  • sportsarb
    sportsarb Posts: 1,069
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    ESA (C) is only disallowed once sentence has been passed IIRC.

    So if someone is held on remand, or released as found not guilty, then there should be no disallowance and the claim continue.

    If found guilty and the claim is disallowed, if longer than 12 weeks they will have broken the linking period, their claim would be assessed on the most recent tax years and ESA (C) would not be payable as only credits will have been paid in that timeframe.

    (I don't work for DWP but worked for a brother organization to it that usually has the same rules)
  • sportsarb wrote: »
    if longer than 12 weeks they will have broken the linking period, their claim would be assessed on the most recent tax years and ESA (C) would not be payable as only credits will have been paid in that timeframe.
    Even if the linking period is less than 12 weeks it seems there is yet another complication. Apparently it would link to the time the last ESA (C) claim started - when the OP probably did not have enough NI contributions if the OP had migrated from Incapacity Benefit to ESA (C). You can link to a previous ESA (C) claim period but perhaps not from ESA(C) to IB? Claim stopped for a different reason (going abroad) in this discussion, but seems to have created the same situation in trying to link the claims: http://www.rightsnet.org.uk/forums/viewthread/4955/ I don't know - what do you think?
  • TELLIT01
    TELLIT01 Posts: 16,372
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    Jim_Cooke wrote: »
    Even if the linking period is less than 12 weeks it seems there is yet another complication. Apparently it would link to the time the last ESA (C) claim started

    That doesn't sound right. Linking would generally put the claimant back into the same status as they were at the end of the previous claim so the current NI contribution status shouldn't come into it.
    To the OP's original post - the period of imprisonment which would end a Conts based claim is shorter than 5 or 6 months, although I can't remember the actual period. It may be 12 weeks, but 6 weeks is buzzing around in the back of my mind.
  • pmlindyloo
    pmlindyloo Posts: 13,049
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    TELLIT01 wrote: »
    That doesn't sound right. Linking would generally put the claimant back into the same status as they were at the end of the previous claim so the current NI contribution status shouldn't come into it.
    To the OP's original post - the period of imprisonment which would end a Conts based claim is shorter than 5 or 6 months, although I can't remember the actual period. It may be 12 weeks, but 6 weeks is buzzing around in the back of my mind.

    It is 6 weeks.

    Guidance here:

    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/510267/dmgch54.pdf

    You need to read 54197 onwards

    Example about contribution based ESA is 54215
  • sportsarb
    sportsarb Posts: 1,069
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    Jim_Cooke wrote: »
    Even if the linking period is less than 12 weeks it seems there is yet another complication. Apparently it would link to the time the last ESA (C) claim started - when the OP probably did not have enough NI contributions if the OP had migrated from Incapacity Benefit to ESA (C). You can link to a previous ESA (C) claim period but perhaps not from ESA(C) to IB? Claim stopped for a different reason (going abroad) in this discussion, but seems to have created the same situation in trying to link the claims: http://www.rightsnet.org.uk/forums/viewthread/4955/ I don't know - what do you think?

    If it links here though, all is good, as ESA (C) has been and will be payable for the years used by virtue of the linking period. The discussions in that link got extremely technical and I wouldn't challenge what they were saying, but in that case the person appears to have been away for 95 days and the linking period is 84, so they couldn't have linked because claim was disallowed for longer.

    I could have read on but I was getting a headache.
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