ESA Support group placement under review after only one month

skylark_71

Hi guys,

this is my first post here so I hope someone can help.

A quick history -

I was made redundant a while ago and claimed contribution based JSA while looking for work. I was on JSA for 4 months when I became ill and after having my used up my "sick periods" I was moved to contribution based ESA.

My 365 day entitlement to contribution based ESA expired and I stopped receiving payments. I had no face to face medical until after my 356 day ESA had expired. I did eventually have a face to face medical and was placed in the support group. This decision was only a month ago.

I have received a letter from DWP saying that they're reviewing my benefits and circumstances and I need to attend a face to face meeting. It states in the letter that if I don't attend this meeting my benefits will be stopped. In the letter they request I take along bank statements, any financial certificates etc and bizarrely - if I'm working I must bring my most recent payslips!

I'm very stressed by this as I was under the impression that support group reviews weren't that frequent and that part of the point of being in the support group was that I didn't have to attend face to face meetings (which, for reasons detailed at my medical, I find difficult).

I'm not sure why this is happening and what, if anything, I can and should do about it.

Any advice and replies would be much appreciated.

Thanks in advance.

BorisThomson

This is not a reassessment, it's a review of your financial circumstances. They can happen randomly for no reason, or because a concern has been raised regarding your claim. If you've provided all the relevant information, there's nothing at all to be worried about.

poppy12345

skylark_71 wrote: »

Hi guys,

this is my first post here so I hope someone can help.

A quick history -

I was made redundant a while ago and claimed contribution based JSA while looking for work. I was on JSA for 4 months when I became ill and after having my used up my "sick periods" I was moved to contribution based ESA.

My 365 day entitlement to contribution based ESA expired and I stopped receiving payments. I had no face to face medical until after my 356 day ESA had expired. I did eventually have a face to face medical and was placed in the support group. This decision was only a month ago.

I have received a letter from DWP saying that they're reviewing my benefits and circumstances and I need to attend a face to face meeting. It states in the letter that if I don't attend this meeting my benefits will be stopped. In the letter they request I take along bank statements, any financial certificates etc and bizarrely - if I'm working I must bring my most recent payslips!

I'm very stressed by this as I was under the impression that support group reviews weren't that frequent and that part of the point of being in the support group was that I didn't have to attend face to face meetings (which, for reasons detailed at my medical, I find difficult).

I'm not sure why this is happening and what, if anything, I can and should do about it.

Any advice and replies would be much appreciated.

Thanks in advance.

You don't have any option but to attend this appointment. Make sure you take everything they've asked for. If you fail to attend your money could stop. If you have nothing to hide, you have nothing to worry about.

skylark_71

Thank you for your replies. I've nothing to hide and have always provided them with all the information they've asked for.

Am I right thinking that when you're assessed there's in difference between the amount of savings they consider depending on whether it's contribution based or income related ESA?

TELLIT01

Yes. Savings are not taken into account on Contribution based ESA but there is an upper limit of £16k for entitlement to Income Related ESA. Pension income is also treated differently on Conts and IR based ESA.

skylark_71

Thank you, I thought so. When my ESA was eventually swapped from contribution to income based an advisor told me one of the reasons they stopped payments was that I had £6000 in savings (which was utter nonsense), so I was under the impression it was a £6K limit for income related ESA.

Alice_Holt

skylark_71 wrote: »

My 365 day entitlement to contribution based ESA expired and I stopped receiving payments. I had no face to face medical until after my 356 day ESA had expired. I did eventually have a face to face medical and was placed in the support group. This decision was only a month ago.

If you are assessed to be in the Support Group whilst receiving contribution-based ESA, then you are not limited to the 365 day period that applies to the WRAG.

As the DWP failed to assess you in reasonable time (it should be within 13 weeks) whilst you were receiving contribution-based ESA, and you have been placed in the Support Group at your first assessment I think there is a good argument for you remaining on contribution-based ESA.

Your local CAB should be able to advise. Whilst it seems that your circumstances mean you remain entitled to income-based ESA, this may change in the future - so It may be worth considering.

"How long does contribution-based ESA last?
Contribution based ESA can be paid for up to 365 days as long as you are accepted as being incapable of work and are placed in the work-related activity group after the assessment period, which should be the first 13 weeks of your claim. If you are placed in the support group there will be no time limit on how long you can receive contribution based ESA."
https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1488-what-is-contribution-based-employment-and-support-allowance-esa

Basically, the DWP have erred in not assessing you in a reasonable time period, and you should be able to challenge their decision to move you to IB (and end your CB claim), particularly because when eventually assessed you have met the SG descriptors.
In moving you to IB ESA, they have incorrectly assumed that you would be in the WRAG, but have failed to carry out that assessment. To my mind this is official error.

https://www.citizensadvice.org.uk/about-us/contact-us/

skylark_71

Thank you Alice. I find the whole thing very confusing. I wonder if I could ask another question, as this (literally) add up either.

The letter telling me I was put in the support group states:

---

Your living expenses £ 0.00

Limited capability for work addition

Extra money because you are in the support group £ 36.20

Which gives a total income related amount £ 36.20

Income and benefits

No income will be taken off your Employment and Support Allowance

Your income related amount is £36.20 less £0.00 so you
would have been entitled to £ 36.20

However because you are entitled to contribution based
Employment and Support Allowance we will pay you £109.30

---

The benefits I receive aren't reflective of any of these amounts and I'm not sure what I should be awarded.

Is it £109.30 + the £36.20 or is it £109?

I'm baffled...

Alice_Holt

Right (deep breathe),

The Support Group ESA payment is £109.
https://www.gov.uk/employment-support-allowance/what-youll-get
From the letter you are still getting this as a contribution based ESA payment. So, that's good.

If you are entitled to an Income-based payment, then:
You should be eligible for an additional enhanced disability premium of an additional c.£15 a week, on top of the £109 -

"You can also qualify for an enhanced disability premium if you claim main-phase Employment and Support Allowance and receive the support component."
https://www.entitledto.co.uk/help/disability-premiums-in-benefits

This premium will be paid as an Income-Based top up to your Contribution-Based payment.
So, a total of c. £250 fortnightly.

The meeting is likely to look at whether your financial circumstances mean you qualify for the EDP of £15 pw.
Quite why they state " that if I don't attend this meeting my benefits will be stopped", is beyond me!
Equally the DWP letter you have quoted is as clear as mud!

But I don't think you have anything to worry about.

skylark_71

Thank you so much Alice. You clearly know what you're talking about, so it's interesting that you should find the DWP letter I received as clear as mud too!

"The meeting is likely to look at whether your financial circumstances mean you qualify for the EDP of £15 pw." - I assume this decision is based on the amount of savings I have, ie more than £6k but less than £16k?

"Quite why they state " that if I don't attend this meeting my benefits will be stopped", is beyond me! - I don't understand the need to threaten such things either but unfortunately it is typed clearly in bold font on the letter.

Alice_Holt

skylark_71 wrote: »

"Quite why they state " that if I don't attend this meeting my benefits will be stopped", is beyond me! - I don't understand the need to threaten such things either but unfortunately it is typed clearly in bold font on the letter.

The DWP have a tendency to send generic letters / wordings, rather than letters addressing an individuals specific circumstances.

BTW: Have you considered if PIP may be appropriate?
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/before-claiming/check-you-are-eligible/