ESA support group payment query

Nosepicker

Hello,

I am new to getting benefits so dont know much about this.

Over the last year or so I was involved in an accident and for 1 year got contribution ESA.

I then applied for income based and to be placed into the support group. Like many others I failed and appealed my case and went to a tribunal.

I won my case and I have now to be placed into the support group.

Going my my partners income we are very border line so chances are I wont be entitled to income based ESA.

My friend has told me though that I might still be entitled to the extra element/payment because I am now in the support group even if my patner earns to much for me to get income based ESA.

Can anyone clarify if I am entitled to any money just for being in the support group alone even if I cant get the ESA?

Thanks.

pmlindyloo

It is not clear from your post regarding the sequence of events,

When did you apply for contribution based ESA? Were you assessed and put into a group before your contribution based ESA ended? (the WRAG group) and then applied for income based ESA? Or were you not assessed until your year was 'up', found fit for work, appealed and put into the support group?

Nosepicker

Hello,

Thanks for your reply.

Yes its the latter.

I was on contribution based for 1 year after SSP ended.

I then applied for income based ESA and to be placed in the support group. ESA done a medical to which I was found fit for work.

I then asked for a mandatory reconsideration to which they still found me fit for work.

I then appealed and attended the tribunal hearing to which I won.

It was confirmed that I was to be placed into the support group and the court would inform ESA that I won the case.

It has been 3 weeks since the court hearing.

I hope this clarifies the procedure and Steps i took.

So really what I am trying to find out is if my partners earnings are too high for the Income based ESA do I still get the support group element of around 30 odd quid a week?

Nosepicker

Just to confirm after the contribution ESA ended they tried to get me to sign on for JSA but I refused.

They asked why to which I informed them well I have a GP letter, surgeon letter and MRI scan, all confirming I am unfit, so for me to sign on would be me declaring I am fit when im not.

I have had no payment since the contribution element ended.

TELLIT01

If your partner's hours are 24 per week or more you will have no entitlement to Income Related ESA. There is a small disregard of partner income if working less than 24 hours but apart from that Income Related ESA will be reduced £ for £ of your partner's income. If the earnings figure exceeds what ESA would pay, then you will receive nothing from ESA.
I think you are asking if you would get the Support Group element irrespective of your partner's earnings reducing ESA payment entitlement to nil. The answer to that is No.

epitome

Hi there,

You have an original entitlement to ESA Contributory payments

You failed, appealed and won.

So you will now still have an entitlement to ESA Contributory Support Group payments of £109.65 per week (paid fortnights) This will be backdated to to the 15th week of your claim However, you received £73.10 for the first year...so you will get the difference...109.65 - 73.10 for 9 months of that first year. You have presumably not been paid at all since your "1 year" exhausted. So from the date they last paid you, they will pay you £109.65 per week up to today's date.

You will continue to get £109.65 weekly rate for as long as you remain in the Support Group.



ESA Income Related is a separate matter, if your partner works 24 hours or more you will receive no Income Related.

If they work less than 24 hours a week, her(?) income will be deducted from your Income Related amount (less a £20 disregard per week)

Your Income Related amount would be approx (figures may be out by a few pence) the sum of these amounts:
114.85
36.55
22.85
Total approx (my maths) £174


It was your decision not to claim JSA but it would have made no difference to the outcome. The only one I would have advised you not to claim would have been Universal Credit...

You can expect them to take up to 8 weeks to put your claim back into payment...from the date of Tribunal.

However, you should phone and ask if the appeal decision has been received from the court.
While you are there, if they say "yes we received it"....You can then ask... "Have your Decision Makers accepted the appeal and sent it it for processing yet?"
.
.
.

Nosepicker

Cool, at least I know where I stand regarding the Income based ESA element.

Going back to the contribution element to which they paid me 73.10 a week am I correct in saying then that because I have been placed into the corect group the £73 payment was an underpayment and should have been £109 during the contribution based element therefore I should get back 9 months worth of back dated payments for the additional weekly amounts of £36.55 given the underpayments they made?

109.65 - 73.10 = 36.55 x 35 = £1279.25
:T

epitome

Yes, but I make it 37 weeks and £1352.35

But you will also then get £109.65 additionally for each week since your payments stopped.

Nosepicker

I thought that because because I am not entitled to income related I would only be entitled to the additional money owed for the contribution period.

Why is it that they will pay £109 per week from the date the payment stopped up until today or the tribunal date if I am not entitled to income related?

Fascinating this stuff and thanks to all that has contributed to the thread, much appreciated.

TELLIT01

If you are in the Support Group, Conts entitlement doesn't end after 12 months, unless the rules have changed comparatively recently.