Stopped Employment and Support Allowance Payments

poppy12345

bigshorty40 wrote: »

Looking back I'm pretty sure I did re-apply for ESA due to a worsening condition. I remember something about there having to be a certain amount of time left in between claims.

There's no certain amount of time given between claims. After being found fit for work you can only re-apply for ESA for either a worsening condition or for a completely new condition, one that wasn't mentioned in your previous claim.

poppy12345

bigshorty40 wrote: »

Ok thanks for the info and help, I really appreciate it.

From the telephone conversation I had with the DWP advisor yesterday when I asked them of what we can do next, I was left with the impression that I'm actually unable to put in a new claim for ESA, and that my partner would have to claim.

Any reason why this might be the case or should I be entitled to submit a new claim?

You can only re-apply for ESA for a significantly worsening condition, as advised in post #10. Otherwise your partner will have to apply. Please do as advised and speak to your local CAB.

Tallaght

It made my eyes go funny trying to read all that.

bigshorty40

poppy12345 wrote: »

There's no certain amount of time given between claims. After being found fit for work you can only re-apply for ESA for either a worsening condition or for a completely new condition, one that wasn't mentioned in your previous claim.

This reply was just the bit of good news I was after, thank you.

Based on this information it looks like I can make a new claim due to a completely new condition. Looking back through my paperwork, I can see that my original ESA claim was unsuccessful in October 2015. A mandatory reconsideration was put in on November 2015. The tribunal hearing for the orginal claim was in May 2016 which was unsuccessful. At this point I would have re-applied for ESA due to worsening condition pretty much on, or very close to the Tribunal hearing results. Up until this date my GP's Fit Notes were only saying abdominal pain and anxiety, which would have been the ESA claim reasons for the worsening condition. In September 2016 I actually received confirmed diagnosis of Fibromyalgia, CFS/ME, Anxiety and IBS symptoms, which would not have been mentioned in the worsening condition ESA claim. Therefore I believe I'm right in saying that I myself could re-apply for ESA now, due to having new diagnosis of the mentioned conditions, which were not included in the worsening conditions ESA claim. Does that make sense and sound about right?

bigshorty40

I do have a CAB appointment next week so will confirm this with them, but any initial thoughts and views would be greatly appreciated.

pmlindyloo

bigshorty40 wrote: »

This reply was just the bit of good news I was after, thank you.

Based on this information it looks like I can make a new claim due to a completely new condition. Looking back through my paperwork, I can see that my original ESA claim was unsuccessful in October 2015. A mandatory reconsideration was put in on November 2015. The tribunal hearing for the orginal claim was in May 2016 which was unsuccessful. At this point I would have re-applied for ESA due to worsening condition pretty much on, or very close to the Tribunal hearing results. Up until this date my GP's Fit Notes were only saying abdominal pain and anxiety, which would have been the ESA claim reasons for the worsening condition. In September 2016 I actually received confirmed diagnosis of Fibromyalgia, CFS/ME, Anxiety and IBS symptoms, which would not have been mentioned in the worsening condition ESA claim. Therefore I believe I'm right in saying that I myself could re-apply for ESA now, due to having new diagnosis of the mentioned conditions, which were not included in the worsening conditions ESA claim. Does that make sense and sound about right?

Yes, that does make sense. You can apply on the grounds of a new condition(s).

If you are not successful then there may be another route.

Your wife (or you) could make a claim for Carer's Allowance and once awarded you can then make a joint claim for Income Support.

This route is unlikely to be quite as financially good as being awarded ESA where you would get a couple's severe disability premiums awarded because you are both on qualifying benefits. On income support you would only get the single SDP on the joint award as you cannot receive the SDP if someone is receiving Carer's Allowance for you (which needs to happen to claim Income Support.) Hope that makes sense - it is complicated so pleased you are going to CAB.

When you go to CAB you need to ask them to do a quick benefit check for
1. Joint ESA claim - both for WRAG and Support group (if you think you qualify for the support group)
2. Claiming Carer's Allowance and Income support (either one of you can do this)

The other thing you need to consider is your state pensions. Whoever has the means tested benefit claim in their name will receive NI credits which will go towards their state pension. BUT, the person added to the claim will not receive them. So that person may need to pay voluntary contributions. It may be worth getting a state pension forecast for each of you as this may determine who puts the claim in their name.

Good luck with it all.

Nannytone

pmlindyloo wrote: »

Yes, that does make sense. You can apply on the grounds of a new condition(s).

If you are not successful then there may be another route.

Your wife (or you) could make a claim for Carer's Allowance and once awarded you can then make a joint claim for Income Support.

This route is unlikely to be quite as financially good as being awarded ESA where you would get a couple's severe disability premiums awarded because you are both on qualifying benefits. On income support you would only get the single SDP on the joint award as you cannot receive the SDP if someone is receiving Carer's Allowance for you (which needs to happen to claim Income Support.) Hope that makes sense - it is complicated so pleased you are going to CAB.

When you go to CAB you need to ask them to do a quick benefit check for
1. Joint ESA claim - both for WRAG and Support group (if you think you qualify for the support group)
2. Claiming Carer's Allowance and Income support (either one of you can do this)

The other thing you need to consider is your state pensions. Whoever has the means tested benefit claim in their name will receive NI credits which will go towards their state pension. BUT, the person added to the claim will not receive them. So that person may need to pay voluntary contributions. It may be worth getting a state pension forecast for each of you as this may determine who puts the claim in their name.

Good luck with it all.

There is no income support it would have to be universal credit

poppy12345

Nannytone wrote: »

There is no income support it would have to be universal credit

That's not correct. The OP is in receipt of severe disability premium through housing benefit. Therefore won't be able to claim UC. New legislation came into affect on 16th Jan 2019.
http://www.legislation.gov.uk/uksi/2019/10/made

bigshorty40

pmlindyloo wrote: »

Yes, that does make sense. You can apply on the grounds of a new condition(s).

If you are not successful then there may be another route.

Your wife (or you) could make a claim for Carer's Allowance and once awarded you can then make a joint claim for Income Support.

This route is unlikely to be quite as financially good as being awarded ESA where you would get a couple's severe disability premiums awarded because you are both on qualifying benefits. On income support you would only get the single SDP on the joint award as you cannot receive the SDP if someone is receiving Carer's Allowance for you (which needs to happen to claim Income Support.) Hope that makes sense - it is complicated so pleased you are going to CAB.

When you go to CAB you need to ask them to do a quick benefit check for
1. Joint ESA claim - both for WRAG and Support group (if you think you qualify for the support group)
2. Claiming Carer's Allowance and Income support (either one of you can do this)

The other thing you need to consider is your state pensions. Whoever has the means tested benefit claim in their name will receive NI credits which will go towards their state pension. BUT, the person added to the claim will not receive them. So that person may need to pay voluntary contributions. It may be worth getting a state pension forecast for each of you as this may determine who puts the claim in their name.

Good luck with it all.

Excellent and informative news, thank you so much.

I think we'll wait for our CAB appointment to see which routes are available to us and which one we will take, we can cope for a short while, but the way I'm seeing it is that I would probably re-apply for ESA based on a new condition as I'm pretty sure I am likely to score more, and my partner would claim the Carers Allowance and do the Income Support claim should we not be able to follow the ESA route. Either way, it's nice to know it's not all doom and gloom yet.

Thank you all so much for your help, I do appreciate it.