Some advice needed please.

[emmie42]

Hi,

I have been in receipt of ESA since 24th June 2011. I have been off work since Oct 2010 with severe post-natal depression and anxiety. I am still employed but receive no pay from my employer.

I had my medical assessment on 13th Feb 2012 and scored 0 points.

I appealed on the 8th March and my benefit was reinstated pending appeal.

It has now gone to tribunal which is on the 16th July bit I have received a letter in the meantime telling me that my entitlement to CB ESA ended on the 22nd June. I don't think we will get IB ESA as my husband works full-time.

I asked the judge to postpone the tribunal because we have a family funeral on the 16th July but the request has been refused.

Is it worth me attending the tribunal seeing as my entitlement to ESA has ended? I doubt very much whether they would put me in the support group but if they put me in the WRAG group would I get the extra money backdated as I have been receiving the basic award of £71.00 (was £67.50) the whole time?

Thanks in advance

[wobble1]

You have pretty much answered your own question. CB ESA has ended as the 365 days is up. You will not get IB ESA because of hubby working,therefore you are going to get nothing.
Do you get WTC?

[davewhit]

You have pretty much answered your own question. CB ESA has ended as the 365 days is up. You will not get IB ESA because of hubby working,therefore you are going to get nothing.
Do you get WTC?

worth claiming as stamp gets paid and if you get worse and you get put in support group payments star again

[Lighttouch]

There are 2 groups of ESA – Work Related Activity Group and Support Group depending on the degree of disability as judged by DWP.

If you have made sufficient NI contributions you will be eligible for contribution based ESA for at least 12 months.

Once 12 months is over contribution based ESA ends and you would need to apply for income based ESA (you don’t have to prove that you are sick/disabled again its purely financial) Income based benefits take account of all the money coming into the household so you would not get it if you have a working partner or if your pension is over £111.00 p/w.
However, if you were classed among the most disabled and placed in the support group of ESA there is no time limit on contribution based ESA and you would continue to get it even if your partner earned mega bucks.

But personal pensions are deducted

Contribution based ESA is reduced if you have a personal pension. (The first £85.00 of your pension is disregarded; benefit is reduced by half the remainder.

For example if your private pension is £100pw -* £85.00 is ignored and £15.00 remains. ESA is reduced by half £15.00) eg £71 - £7.50 = £63.50 pw

Even if you don't get payments of ESA you will still get your National Insurance contributions so still worth doing if only to protect future State Retirment Pension payout......

There is no doubt that the forms are arduous but worth doing even if you only get the benefit for 12 months. Many of us have found the guides to filling in the forms at www.benefitsandwork.co.uk extremely helpful. It cost £20.00 to join but is money well spent

[seriouslyfedup]


However, if you were classed among the most disabled and placed in the support group of ESA there is no time limit on contribution based ESA and you would continue to get it even if your partner earned mega bucks.

But personal pensions are deducted

Great informative post

I read anyone with a contiunuous claim for Incapacity Benefit which started prior to 2001 retains transitional protection until 2018 or 2020 for personal pension income when migrating over to ESA. But CB ESA still stops after 12 months.

This whole thing is so complicated , I'm not surprised the DWP staff aren't always aware of the full rules. You wonder it it was designed to be so confusing.

[wobble1]

Many of us have found the guides to filling in the forms at www.benefitsandwork.co.uk extremely helpful. It cost £20.00 to join but is money well spent

This site used to be a great place till people started to leave and go over to B&W, does anyone know why, those people who had benefit and welfare experience, left here to go there.
Sorry as many regulars know I have a bit of an issue with B&W. Good job the CAB don't charge a subscription fee.