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    • Dan1961
    • By Dan1961 5th Mar 18, 3:07 PM
    • 2Posts
    • 0Thanks
    Dan1961
    ESA 12 months up, what now?
    • #1
    • 5th Mar 18, 3:07 PM
    ESA 12 months up, what now? 5th Mar 18 at 3:07 PM
    Hi everyone,
    I'm guessing this question has been asked numerous times but need advice on my particular circumstances etc.
    I was retired medically from my driving job of 32 years, I was advised to go on to ESA which I did and have been in receipt of payments since may 2017.
    I received a letter recently stating that the 12 months were nearing and I would no longer be entitled to these payments.
    I knew this anyway but my question is what do I do now?
    Will I be entitled to a different benefit?
    I have never claimed benefits and at a loss as to what to do next
    My wife works part time and we just about get by with the adition of ESA to her salary but when it stops it will be a diffferent story.

    Thanks in anticipation for any help with advice.
Page 1
    • Gig1968
    • By Gig1968 5th Mar 18, 3:10 PM
    • 35 Posts
    • 3 Thanks
    Gig1968
    • #2
    • 5th Mar 18, 3:10 PM
    • #2
    • 5th Mar 18, 3:10 PM
    You may be entitled to income related esa . Depends on the value of your savings
    • Dan1961
    • By Dan1961 5th Mar 18, 3:36 PM
    • 2 Posts
    • 0 Thanks
    Dan1961
    • #3
    • 5th Mar 18, 3:36 PM
    • #3
    • 5th Mar 18, 3:36 PM
    Thank You Gig1968.
    We dont have any savings as we have had to use what we had to get by this first year.
    We are fortunate I think with having no mortgage or young children at home.
    Being told I can no longer work due medical reasons at the age of 56 came as a complete and devestating shock. I'll take a look at Income related ESA and see how we go.

    Many thanks for the advice,
    Kind regards
    Dan.
    • TELLIT01
    • By TELLIT01 5th Mar 18, 4:04 PM
    • 5,015 Posts
    • 5,438 Thanks
    TELLIT01
    • #4
    • 5th Mar 18, 4:04 PM
    • #4
    • 5th Mar 18, 4:04 PM
    Entitlement to Income Related ESA isn't just based on savings, it's based on other aspects such as any pension you may be receiving, the number of hours your wife works and her earnings.
    Have you looked at the possibility of claiming PIP? If not that is another area to investigate.
    • pmlindyloo
    • By pmlindyloo 5th Mar 18, 4:15 PM
    • 11,576 Posts
    • 13,477 Thanks
    pmlindyloo
    • #5
    • 5th Mar 18, 4:15 PM
    • #5
    • 5th Mar 18, 4:15 PM
    First of all have you has a Work Capability Assessment and were you placed in the WRAG group or are you still in the assessment phase?

    Contribution based ESA WRAG can only be paid for 365 days.

    Your options are:

    1. You may be entitled to another year of contribution based ESA if you were placed in the WRAG depending on whether you meet the criteria. More about this here:
    https://www.gov.uk/employment-support-allowance/types-of-esa

    2. You could make a new claim for ESA if your condition has severely deteriorated/you have a new condition to see if you are eligible for the Support Group which is not time limited. (see the link)

    3. You can ask to be assessed for income based ESA. This, as already said can be awarded if you meet the criteria for capital, hrs your partner works and their earnings. it would be your claim with your wife added to that claim. If you are not eligible for income based ESA then you can still keep your ESA claim open to receive your NI credits towards your state pension and other benefits in the future. You would have to attend work focussed interviews. So how many hours does your wife work and what are her earnings?

    4. If you are not eligible for contribution based or income based ESA then you may be eligible for council tax reduction or housing benefit. Try the benefits calculator suggested.

    5. You may be eligible for PIP. Google for more information. This is not means tested.

    If you are entitled to nothing then your wife may have to increase her earnings and/or you get a part time job (if this is possible).

    You may wish to get some support from a benefits advisor or from CAB.
    Last edited by pmlindyloo; 05-03-2018 at 4:20 PM.
    • Danday
    • By Danday 5th Mar 18, 6:13 PM
    • 354 Posts
    • 63 Thanks
    Danday
    • #6
    • 5th Mar 18, 6:13 PM
    • #6
    • 5th Mar 18, 6:13 PM
    Am I not correct in saying that it is for the DWP to assess ALL ESA claimants to establish if they may be eligible for Income Based ESA and not the responsibility of the claimant?
    • Danday
    • By Danday 5th Mar 18, 7:49 PM
    • 354 Posts
    • 63 Thanks
    Danday
    • #7
    • 5th Mar 18, 7:49 PM
    • #7
    • 5th Mar 18, 7:49 PM
    I do believe that the DWP were found lacking in not carrying out this exercise in the past which resulted in many people not only having their benefit stopped and for some not being paid the correct level of income where a Income Based top up should have been paid in addition to the Contribution Based element together with unpaid premiums as well.
    • WillowCat
    • By WillowCat 5th Mar 18, 9:17 PM
    • 808 Posts
    • 984 Thanks
    WillowCat
    • #8
    • 5th Mar 18, 9:17 PM
    • #8
    • 5th Mar 18, 9:17 PM
    Any entitlement to income based ESA would cease if your wife is working 24 hours or more per week.

    Are you in a universal credit area? Or is it coming soon to your area? UC can be more flexible for a couple with one disabled party and one working than ESA.
    • TELLIT01
    • By TELLIT01 6th Mar 18, 7:21 AM
    • 5,015 Posts
    • 5,438 Thanks
    TELLIT01
    • #9
    • 6th Mar 18, 7:21 AM
    • #9
    • 6th Mar 18, 7:21 AM
    I do believe that the DWP were found lacking in not carrying out this exercise in the past which resulted in many people not only having their benefit stopped and for some not being paid the correct level of income where a Income Based top up should have been paid in addition to the Contribution Based element together with unpaid premiums as well.
    Originally posted by Danday
    That was when people were transferred from Incapacity Benefit to ESA. IB was purely Contribution based, there was no Income Related element. When people were transferred they should have been sent ESA3 forms so that they could provide information to identify any entitlement to IR benefits. In many cases that didn't happen.
    With a new claim for ESA it's a decision for the claimant whether to claim Conts only or IR. If we were asked we always told people to make a claim for IR and let the system decide if they had an entltlement. If they only claimed Conts we didn't have all the information required in order to determine potential IR entitlement.
    • Danday
    • By Danday 8th Mar 18, 3:31 PM
    • 354 Posts
    • 63 Thanks
    Danday
    They sent me about half a dozen letters telling me to get in touch if I wanted to be assessed for income-based in the run up to my contribution-based running out, and when I had my little meltdown they sent someone to my house to see if I was entitled to anything, so I don't feel they've let me down in that regard. I was very much aware that the option was there. I may be wrong, but I imagine most claimants prefer it this way, rather than having the DWP pro-actively raking through their finances to check if they're eligible.
    Originally posted by Penitent
    It would appear that you live within an area that is overstaffed with DWP civil servants.
    Never have I heard or had personally any such correspondence or 'a knock on the door from a DWP employee'.
    My experience has been the opposite. I was on ESA (contributions based) until I was 65! It was by chance that I realised that at 65 I should have been claiming an Income Based benefit as well and could have done so for the previous 5 years. When a claim was made for Pension Credit they would not entertain any of the unclaimed 5 years even though our income would have generated one.
    • aussiesbird
    • By aussiesbird 8th Mar 18, 3:41 PM
    • 273 Posts
    • 146 Thanks
    aussiesbird
    My husband is in the exact same position. He has been ringing nearly every month and more recently every 2 weeks, as his CB-ESA is due to end this month. When he applied he was told he would need to have a health assessment but the DWP have not been forthcoming with an appointment. Every time he rang he was told 'there is a back log but it's in the system to be dealt with' Over the last 3-4 months he has been ringing them on a more regular basis, as he knew this type of benefit only gets paid for 365 days, he is told on every call that it is in the final stages and he will hear very soon. Nothing ever materialised and the other day he received a letter stating the benefit will stop and if he wants to be considered for IR-ESA he has to ring them and request it!??? We are totally confused as to what is going on. He claims PIP and had an assessment for that which didn't go in his favour, he appealed and it went to tribunal and the original decision was overturned. Can they not use the assessment and tribunal decision from PIP?
    Any advice would be appreciated before we manage to get through to speak to an advisor.
    I can only please one person per day.
    Today is not your day.
    Tomorrow doesn't look too good either.
    • pmlindyloo
    • By pmlindyloo 8th Mar 18, 3:51 PM
    • 11,576 Posts
    • 13,477 Thanks
    pmlindyloo
    My husband is in the exact same position. He has been ringing nearly every month and more recently every 2 weeks, as his CB-ESA is due to end this month. When he applied he was told he would need to have a health assessment but the DWP have not been forthcoming with an appointment. Every time he rang he was told 'there is a back log but it's in the system to be dealt with' Over the last 3-4 months he has been ringing them on a more regular basis, as he knew this type of benefit only gets paid for 365 days, he is told on every call that it is in the final stages and he will hear very soon. Nothing ever materialised and the other day he received a letter stating the benefit will stop and if he wants to be considered for IR-ESA he has to ring them and request it!??? We are totally confused as to what is going on. He claims PIP and had an assessment for that which didn't go in his favour, he appealed and it went to tribunal and the original decision was overturned. Can they not use the assessment and tribunal decision from PIP?
    Any advice would be appreciated before we manage to get through to speak to an advisor.
    Originally posted by aussiesbird
    To answer your last question first.......no, they don't use the PIP decision to assess a claim for ESA. They are different benefits. PIP is about how a disability affects your daily life and ESA is about your capability for work.

    Are you eligible for income based ESA? If you are then your partner needs to make a claim. Otherwise they need to wait for a WCA (Work capability assessment)

    You could contact your MP and ask them to query why it is taking so long. Sometimes this has the effect of speeding up the assessment date.
    • aussiesbird
    • By aussiesbird 8th Mar 18, 4:07 PM
    • 273 Posts
    • 146 Thanks
    aussiesbird
    Are you eligible for income based ESA? If you are then your partner needs to make a claim. Otherwise they need to wait for a WCA (Work capability assessment)

    You could contact your MP and ask them to query why it is taking so long. Sometimes this has the effect of speeding up the assessment date.
    Originally posted by pmlindyloo
    Sorry I didn't explain this correctly.
    He is currently in the 'work related' ESA group and to get into the 'support' group needs a health assessment, which he is still awaiting.
    When the 365 days are up what can we do as without that income from ESA we are going to be short on paying bills etc.
    We have sent an email to our MP but haven't had a reply only an acknowledgement of receipt.
    We are starting to panic a bit now.
    Sorry for my confusion in explaining originally.
    I can only please one person per day.
    Today is not your day.
    Tomorrow doesn't look too good either.
    • Alice Holt
    • By Alice Holt 8th Mar 18, 5:31 PM
    • 2,147 Posts
    • 2,504 Thanks
    Alice Holt
    .
    He is currently in the 'work related' ESA group and to get into the 'support' group needs a health assessment, which he is still awaiting..
    Originally posted by aussiesbird
    I would suggest if the DWP have failed to assess your husband within 365 days, then they should not end ESA, but place your husband in the SG.
    Otherwise the DWP are disadvantaging your husband for their failings.

    I suggest you get help from your local CAB / advice centre with the letter, and then copy it to your MP.
    • skcollobcat10
    • By skcollobcat10 8th Mar 18, 5:49 PM
    • 210 Posts
    • 2,365 Thanks
    skcollobcat10
    It seems a shame that the OP has worked and contributed to this country and only gets 12 months esa as help. He has been medically retired from his work. Others who have never worked get IR esa and rent and council tax paid with no time limit.
    • aussiesbird
    • By aussiesbird 8th Mar 18, 6:04 PM
    • 273 Posts
    • 146 Thanks
    aussiesbird
    Thank you for reading and responding to my post.
    Whilst writing this thread I was on hold to speak to someone at DWP about the case. After being told 'we are extremely busy, someone will take your call shortly' for 50 minutes I finally got to speak to an advisor who was stuttering and stumbling around with her words looking for excuses. She disappeared twice to seek advice elsewhere then came back and said that she would send an ESA3 form and that would allow my husbands contributions to continue to be paid. I don't think she expected me to challenge this but I latched onto the word contributions and asked if he would still get paid his benefit to which she replied 'no'! I told her that we would not be completing that form as we feel we have been failed by DWP who haven't provided a date for a health assessment. She then said she would have to pass the case to the department who deals with it as she is in a call centre and as the department closes in 20 minutes its highly unlikely someone will be there to take my call so they will ring me back tomorrow!! One excuse after another. My husband is very mild mannered and accepts whatever he is told but I won't I'm afraid I'm a bit of a dog with a bone and won't give up until I am satisfied with the outcome. I have asked to be called back in the morning so that I have all afternoon to hang on the phone and start the whole argument again!!
    I can only please one person per day.
    Today is not your day.
    Tomorrow doesn't look too good either.
    • Alice Holt
    • By Alice Holt 8th Mar 18, 6:08 PM
    • 2,147 Posts
    • 2,504 Thanks
    Alice Holt
    It seems a shame that the OP has worked and contributed to this country and only gets 12 months esa as help.
    Originally posted by skcollobcat10
    It does.
    Prior to 2011/12 CB ESA was not limited
    This change to a 12 month limit was introduced under the Conservatives austerity programme.
    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/220156/eia-esa-time-limit-wr2011.pdf

    It affected many families where the partner was working at a low paid job for at least 24 hours a week. Many such families went down from two earners (prior to illness), to a single low paid wage and ESA, to just the wage of one partner.
    For those who had worked and contributed for 30 odd years, and then were struck by illness it was particularly unfair. Especially when illness afflicted the main wage earner.

    Sadly, although some charities made representations in the consultation period - it wasn't picked up by the public at large. This was the time of the Shirkers vs Strivers message, and many people did not understand the potential impact.
    Last edited by Alice Holt; 08-03-2018 at 6:14 PM.
    • skcollobcat10
    • By skcollobcat10 8th Mar 18, 6:28 PM
    • 210 Posts
    • 2,365 Thanks
    skcollobcat10
    It does.
    Prior to 2011/12 CB ESA was not limited
    This change to a 12 month limit was introduced under the Conservatives austerity programme.
    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/220156/eia-esa-time-limit-wr2011.pdf

    It affected many families where the partner was working at a low paid job for at least 24 hours a week. Many such families went down from two earners (prior to illness), to a single low paid wage and ESA, to just the wage of one partner.
    For those who had worked and contributed for 30 odd years, and then were struck by illness it was particularly unfair. Especially when illness afflicted the main wage earner.

    Sadly, although some charities made representations in the consultation period - it wasn't picked up by the public at large. This was the time of the Shirkers vs Strivers message, and many people did not understand the potential impact.
    Originally posted by Alice Holt
    I find this government absolutely disgusting and if people working at the moment realised what they would be left to live on if they become ill they would be truely shocked.

    Pity it wasn't advertised more, and especially focused on working people there would have been more uproar. I can't imagine how I would feel if I had worked from 16 and possibly at 56 became disabled, that's 40 years contributing!
    • Danday
    • By Danday 8th Mar 18, 11:32 PM
    • 354 Posts
    • 63 Thanks
    Danday
    I presume that you would have been proud of yourself in making 40 years worth of contributions to help pay for those that didn't work and had to rely on benefits.
    • aussiesbird
    • By aussiesbird 10th Mar 18, 8:44 AM
    • 273 Posts
    • 146 Thanks
    aussiesbird
    UPDATE:
    No phone call yesterday from DWP What a surprise!! Monday morning I will be back on the phone and I will not give up this time.
    I can only please one person per day.
    Today is not your day.
    Tomorrow doesn't look too good either.
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