ESA letter

F1Fan

Since June 2014 my daughter was moved from WRAG to Support group . On the 20th March this year she attended a Health Assessment. Today a letter was received from Jobcentre Plus to say 'We cannot pay you ESA from 24th March. This is because you have reached the maximum of 365 days that you can get contribution based ESA'

Is this right if you are in the Support Group? I don't know what to do.

IAmWales

Has she been placed in the WRAG following the assessment? If the letter doesn't say call and ask.

Would she be entitled to income based ESA?

antrobus

F1Fan wrote: »

Since June 2014 my daughter was moved from WRAG to Support group . On the 20th March this year she attended a Health Assessment. Today a letter was received from Jobcentre Plus to say 'We cannot pay you ESA from 24th March. This is because you have reached the maximum of 365 days that you can get contribution based ESA'

Is this right if you are in the Support Group? I don't know what to do.

It appears not.

There’s no time limit on how long you can claim contribution-based ESA if you’re in the support group.

https://www.gov.uk/employment-support-allowance/types-of-esa

Muttleythefrog

The DWP notoriously send out confusing letters many of which should come with a health warning. You're going to have to contact them ASAP to establish the facts here... which group (if any) were they placed in after recent assessment (that is if a decision has yet been made).. are they getting contribution based or income based ESA... could they claim income based etc. Aside from asking about these matters request in the same call a copy of the ESA85 assessment report from the recent assessment... potentially useful to future claiming and clarity but if decision is to be challenged essential.

F1Fan

Thank you for all your replies.

When we attended the assessment we were told it would take 4-6 weeks, not 4 days. She is on the contribution-based and it looks exactly like the letter she received before they moved her from WRAG to the Support Group.

I worried that I might say the wrong things on the phone - is it better to put it in writing? Can't believe they've stopped her benefit on the 24th March and only received the letter today.

In reply to IAmWales reply - she is now not getting any allowance.

KxMx

I'd go for a phone call followed by a letter to confirm what was said.
You may just get another one of those letters back if you write!

Muttleythefrog

Yeah phone can be a pain but I suspect you'll get much quicker to any truth... in fact the last enquiry letter I sent to DWP I had to follow up by phone call to get an answer before it was too late. But something doesn't seem quite right here in this case... and if you do 'say the wrong thing' on the phone.. you can try again with another agent a little later. Unfortunately might have missed the boat this week... but check.

Alice_Holt

If she remains in the SG then the 365 day rule does not apply and she can continue to receive payment.

If she is placed in the WRAG group following the assessment she:
1) Should ask to be assessed for Income-based ESA
Note: She won’t qualify for income-related ESA with savings over £16,000, or other income in excess of the ESA weekly applicable amount.
2) If her condition is unchanged she should appeal the decision to take her out of the SG.

The letter you have received is likely to be sent in error, as it is much too early to have the assessment result.

You may want to get advice from your local CAB, but in the first instance I would hope a phone call to the DWP would sort it out. Are you your daughters appointee? If not your daughter will need to be present to give her permission for you to talk to the DWP employee.

Good luck.

F1Fan

Thank you for your help and advice.

My daughter has just phoned them and they said that she scored 15 points at the health assessment, but has been moved from the Support Group to WRAG. The problem is that they can't give her this benefit because she was on it before and her 365 days have been used, and she's not entitled to income-related ESA.

She was on WRAG, which finished April 2013. She reapplied January 2014 and was put into Support Group Mid June 2014.

I don't think she should be taken off the Support Group, but even if at the present time they think that's right surely she must be able to get WRAG.

I know she can appeal the decision, but what happens if that doesn't change the decision?

Your help and advice would be much appreciated.

pmlindyloo

F1Fan wrote: »

Thank you for your help and advice.

My daughter has just phoned them and they said that she scored 15 points at the health assessment, but has been moved from the Support Group to WRAG. The problem is that they can't give her this benefit because she was on it before and her 365 days have been used, and she's not entitled to income-related ESA.

She was on WRAG, which finished April 2013. She reapplied January 2014 and was put into Support Group Mid June 2014.

I don't think she should be taken off the Support Group, but even if at the present time they think that's right surely she must be able to get WRAG.

I know she can appeal the decision, but what happens if that doesn't change the decision?

Your help and advice would be much appreciated.

If she is not entitled to income based ESA then the 365 days of contribution based appears to have ended so she will not be paid any ESA unless on appeal she is moved to the Support group.

Her ESA will be left open and she will continue to receive her NI credits. Because of this she will be expected to attend any work focused interviews and work related activities as requested.

Dos she claim PIP?

Muttleythefrog

Yes as above.... at least now the DWP letter makes some sense... perhaps the actual decision letter has gone AWOL.. or not yet arrived.. or is regarded as the letter sent! But I agree with above and would seriously look to ask for reconsideration and then tribunal appeal if necessary to get back into support group... key here unless her condition is notably changed is knowing why she has been historically in the support group and the evidence for that relevant descriptor(s) continuing to apply... and how the DWP arrived at this latest decision (so request the ESA85 assessment report if not already obtained as I recommend every claimant does ASAP after a medical). Obviously also look at possibility of income related ESA especially if support group not obtained. Think this advice is decent... others will say if not.


And yes look at PIP if not already getting - non means tested disability benefit which can be claimed independently of situation regarding ESA.