Esa benefit

Paddy21

My brother won an appeal back in 2016 regarding esa and was put straight into support group and never to be re assessed again because of his mental health issues.  He is still in the support group but before he won his appeal esa sent letter stating his 365 had passed, unless he was in the support group?  He received disability income quarantee of 15.00. His circumstances have not changed but they have moved him to income related even though he won the tribunal hearing before they said his 365 days wer up.  Can they do this when we dont know

KxMx

You can be on both Contributions Based & Income Related ESA at the same time. 
The award would be CB with an IR top up. 
When in Support Group there is no time limit. 

Paddy21

As far as we are aware it was contributioal only even with the top up and we are disputing this and taking it further as they are asking for information that we are not willing to give. 

KxMx

Any top ups to ESA are always Income Related ESA. 
Is there a reason you are unhappy with him being on both CB & IR ESA? 
It doesn't alter his Support Group status. 

Robbie64

What type of information is being asked for?

As posted above, your brother could be in receipt of both CB ESA and IR ESA. One way to tell if he gets both is if he gets the £10 Christmas Bonus paid with ESA in early December. If he's on IR ESA only he won't get the Christmas Bonus in ESA (if he gets PIP it would be paid by PIP instead, and usually paid separately to the 4 weekly payment).

KxMx

The mention of a 365 day limit and appeal makes me think the award was first Contributions Based WRAG, as only that is time limited to 365 days.

My own claim timeline:

ESA CB WRAG
After 365 days
ESA IR WRAG
 
Then
ESA Support Group so my CB ESA reactivated and I was topped up with IR ESA.