Changing types of ESA

swampduck

My husband is currently on Contribution based ESA - however he has had a letter from the DWP to say that they will stop paying this in October as he will have had this for one year. He is currently undergoing investigations/appointments and sends in his fit notes when requested. We want to dispute that the ESA should be discontinued and I believe he should be in the support group as his mobility is decreasing and he is developing other issues related to his medical issues. Can we ask that he is moved to the Support group? We are looking at PIP and don't know if he will be eligible for UC when his ESA runs out. He reaches state pension age in December 2023 but until then only has two very small pensions plus ESA to support him in the meantime. 
Just for further information I am being made redundant in July and will then take my pension as it is LGPS and I have no choice in the matter. I won't reach SPA until November 2027 and think that these will affect a possible UC claim.
Any thoughts or suggestions would be welcome - as we need to address the ESA issue within a month. Thank you.

Alice_Holt

Has he had an ESA assessment ?
Or was he placed in the WRAG group ?


If no assessment, then press the DWP to assess him and maybe involve your MP.
It is inequitable for the DWP to cease payments (having not assessed him for the SG), solely because of their inability to provide timely assessments.
Another option (through your local advice charity), would be a pre-action judicial review letter citing delay.
https://cpag.org.uk/welfare-rights/judicial-review/judicial-review-pre-action-letters

If he has had an assessment, you may wish to advise of a worsening in condition (or a new condition) with medical evidence, and ask for a re-assessment. Support Group criteria:
https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity

He may wish to continue with a ESA credits only claim if he cannot be placed into the Support Group now, to get NI credits towards his SP. If at a future assessment he is placed in the Support Group, then (I think) ESA payments can resume


UC eligibility will depend on your joint income / savings:
   https://www.gov.uk/benefits-calculators


Some info on PIP:
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/

If his mobility is poor, it's possible that he may need aids for getting in /out of the bath, on and off the toilet, a perching stool when preparing food, and difficulty dressing - this might get a Daily Living award in addition to Mobility (if he can't cover 50m without needing to stop).

Life__Goes__On

If he is still sending in fit notes I'm guessing that there hasn't been an assessment yet, so his he till on the basic ESA rate?

poppy12345

swampduck said:

My husband is currently on Contribution based ESA - however he has had a letter from the DWP to say that they will stop paying this in October

As we are only in May, i'm sure that's a typo?

Any pension will reduce UC £1 for £1.

calcotti

poppy12345 said:

swampduck said:

My husband is currently on Contribution based ESA - however he has had a letter from the DWP to say that they will stop paying this in October

As we are only in May, i'm sure that's a typo?

Possibly not.

swampduck

calcotti said:

poppy12345 said:

swampduck said:

My husband is currently on Contribution based ESA - however he has had a letter from the DWP to say that they will stop paying this in October

As we are only in May, i'm sure that's a typo?

Possibly not.

We thought that too - but letter definitely said October.

calcotti

You haven't clarified whether he has already had a Work Capability decision. If not, hopefully before October it will have been done. If decision is to go into Support Group the ESA will continue.

poppy12345

That's 5 months away and they could have had their work capability assessment by then.

calcotti

If WCA decision has been made and put in the WRAG then you can challenge it by requesting a Mandatory Reconsideration.

swampduck

As far as I'm aware he's not had a work capability assessment, but it took months before they even started paying him. Now that they are - they are talking about it ending in October.
I know he's had at least one telephone conversation - but as these things usually happen when I am out - trying to get useful information out of him can be hard work especially when he expects me to do the paperwork!! So it's possible that he had the work capability assessment over the phone. (can that happen?) I know our GP has said it's very unlikely that he will work again and there is no issue with renewing fit notes but try telling that to the Benefits Office.
But I will be requesting a Mandatory Reconsideration to get things moving on that front. Thank you 

poppy12345

If he's had the work capability assessment and was placed in the WRAG then you wouldn't be continuing to send in fit notes. So i'd say it's very likely not had it yet. Yes, they can take place through telephone or face to face and even video call.

Backlogs are ridiculously long in some areas so this is probably why he hasn't had it yet. Have you filled out and returned the ESA50 (work capability assessment form) It will be this one.. https://www.gov.uk/government/publications/capability-for-work-questionnaire

New style ESA can't be paid past 1 year unless placed into the Support Group.

swampduck said:

But I will be requesting a Mandatory Reconsideration to get things moving on that front. Thank you 

May i ask why you're planning on doing this now? There's really nothing to request the MR for, at least not until he's been assessed and a decision's been made.