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No longer eligible for ESA (Contribution based - support group)

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  • Alice_Holt
    Alice_Holt Posts: 6,078 Forumite
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    Also  it can be useful to have the two income streams.

    So if UC mess up you still have your ESA income.

    In your case ESA seem to have messed up, but you are still getting UC (albeit reduced for assumed ESA). 
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • Alice_Holt
    Alice_Holt Posts: 6,078 Forumite
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    I'd be inclined to phone up ESA again and ask for a Mandatory Decision of their decision to end payments.

    Grounds are that as long as you remain in the Support Group, ESA should be paid indefinitely.  Follow up with a written MR request (and keep all paperwork).
    https://www.gov.uk/mandatory-reconsideration

    See if your local advice agency can help. One tactic is a Pre action Judicial Review letter ( see https://cpag.org.uk/welfare-rights/judicial-review) as it's a quicker resolution for DWP errors than appeals.  

    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • huckster
    huckster Posts: 4,967 Forumite
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    Agree no reason to end ESA if in support group.  There is I believe a process now, where the ESA service centre contact the Job Centre at the point where the ESA claim would move from contributions to income based benefit. The Job Centre are asked to hold an appointment with the claimant to discuss if they want to continue with dual ESA and UC claims.  If the ESA claim is still wanted, then the Job Centre issue an ESA basic commitment (to reflect in support group)  to replace the old out of date Contributions based commitment.

    So it may be that ESA have put the claim payment on temporary hold while they wait for process to be completed.
    The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.
  • Alice_Holt
    Alice_Holt Posts: 6,078 Forumite
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    huckster said:
    Agree no reason to end ESA if in support group.  There is I believe a process now, where the ESA service centre contact the Job Centre at the point where the ESA claim would move from contributions to income based benefit. The Job Centre are asked to hold an appointment with the claimant to discuss if they want to continue with dual ESA and UC claims.  If the ESA claim is still wanted, then the Job Centre issue an ESA basic commitment (to reflect in support group)  to replace the old out of date Contributions based commitment.

    So it may be that ESA have put the claim payment on temporary hold while they wait for process to be completed.
       Hi huckster,

          Slightly off topic, but I'm struggling to think of a circumstance when contribution-based ESA would move to an income based benefit (particularly when in the SG and also receiving UC). 

         Possibly when in the WRAG and the 12 months limit is reached?     

        Or am I missing something obvious?
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • huckster
    huckster Posts: 4,967 Forumite
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    Yes, I am a bit confused by this as well. Why would ESA suddenly stop payments without some form of trigger.

    Has there been a change of circumstances by the OP during last 12 months that ESA have only just become aware of ?
    The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.
  • Jyana
    Jyana Posts: 786 Forumite
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    Are you still working, as per your thread last year? It's not quite clear from that post if the UC claim was a transfer from Tax Credits, so if you could confirm that, and if so the order of events, it may help understanding the situation now too? 

    https://forums.moneysavingexpert.com/discussion/6353976/question-on-claiming-uc-whilst-working-on-a-low-income/p1
  • AdamPD
    AdamPD Posts: 217 Forumite
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    No change in circumstances, no, I'm working on a very part time basis bringing in around £300-£400 a month, I'm on a zero hours contract so the income varies quite a bit, but rarely higher than £400ish.

    That income shows up each month in my UC panel, but has only affected my benefit entitlement once (I believe it was December/January) where I went over the max earnings for one month and the benefit for UC at least was £0 for one month.

    I did fill out the permission for permitted work form when I first applied for ESA
  • Newcad
    Newcad Posts: 1,284 Forumite
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    It's one of those hedging your bets situations. (Apart from fortnightly/monthly).
    Yes if you aren't getting the ESA then UC will increase so you get the same overall.
    But if you were to come into money in future that takes your savings over £16K, inheritance, lottery win, etc. then UC woud stop altogether but CB ESA would continue.
    Between 6K and 16K savings, or becoming a couple also has an effect on UC but not on CB ESA.
    Of course you may decide it would be easier just to deal with UC and not ESA as well, and so decide that if you do come into money in the future you'd have that money so wouldn't be bothered about UC.

  • AdamPD
    AdamPD Posts: 217 Forumite
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    Thanks Newcad.
    Yea I don't think I'm going to pursue the ESA part any further, I've been down that road before and they end up messing something up.
    Savings etc won't be an issue, I have a massive £25 in my premium bonds, £380 in my current account and a £1900 credit card debt due to needing emergency work in my home, hence the anxiety about the benefit being stopped.
  • NedS
    NedS Posts: 3,910 Forumite
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    AdamPD said:
    No change in circumstances, no, I'm working on a very part time basis bringing in around £300-£400 a month, I'm on a zero hours contract so the income varies quite a bit, but rarely higher than £400ish.

    That income shows up each month in my UC panel, but has only affected my benefit entitlement once (I believe it was December/January) where I went over the max earnings for one month and the benefit for UC at least was £0 for one month.

    I did fill out the permission for permitted work form when I first applied for ESA
    For your UC to have been £0 in that one month, you must have earned in excess of the permitted work allowance on ESA. Could that have been the reason they have closed your ESA claim?

    CAB say that your ESA will stop and you would need to re-apply if you exceed your permitted work:


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