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Thread: been told i will still receive esa payments while i appeal

  1. #1
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    been told i will still receive esa payments while i appeal

    hi everyone again !!!! my contributions esa runs out end of this week and i do not qualify for income related esa.i am going to appeal the original esa decision as i feel i should have been placed in the support group.i was unaware that there was a support group at the time.dwp said that i would still receive payments because i am appealling . . .seems strange to do that. . . .i was told i would still receive payments even though my esa is coming to an end.anyone experienced this situation and what will happen if i dont win my appeal ? will they ask for the money back ?

  2. #2
    davewhit
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    Quote Originally Posted by corycrazy1 View Post
    hi everyone again !!!! my contributions esa runs out end of this week and i do not qualify for income related esa.i am going to appeal the original esa decision as i feel i should have been placed in the support group.i was unaware that there was a support group at the time.dwp said that i would still receive payments because i am appealling . . .seems strange to do that. . . .i was told i would still receive payments even though my esa is coming to an end.anyone experienced this situation and what will happen if i dont win my appeal ? will they ask for the money back ?
    going off what others have posted on here and other forum imo i think your money will stop

  3. #3
    Senior Member Lighttouch's Avatar
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    I can't answer your question about clawing money back but I can tell you that they will credit you with National Insurance Credits each year up to a maximum of 30 years now then 35 years after April. You will only be eligible for the new proposed sate pension of 144 if you have 35 years of NIC in 2017.

    If you have more than 35 years NIC then there's no point in claiming until you become eligible for Income Related ESA.

  4. #4
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    IF the appeal is accepted - bearing in mind it is late - then yes your ESA will continue during the course of the appeal. But at the basic rate of about 71. If the appeal fails the payments are not recovered.

  5. #5
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    "been told i will still receive esa payments while i appeal"

    ahhh well thats good news cory!

    although if you couldnt apply for income-related esa doesnt that mean you CAN apply for NI related??

  6. #6
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    Quote Originally Posted by help_me View Post
    "been told i will still receive esa payments while i appeal"

    ahhh well thats good news cory!

    although if you couldnt apply for income-related esa doesnt that mean you CAN apply for NI related??
    He could re apply for CB ESA but only after a 12 week break.

    You have decided that you are eligible for ESA support then appealing is the best option

  7. #7
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    Quote Originally Posted by corycrazy1 View Post
    hi everyone again !!!! my contributions esa runs out end of this week and i do not qualify for income related esa.i am going to appeal the original esa decision as i feel i should have been placed in the support group.i was unaware that there was a support group at the time.dwp said that i would still receive payments because i am appealling . . .seems strange to do that. . . .i was told i would still receive payments even though my esa is coming to an end.anyone experienced this situation and what will happen if i dont win my appeal ? will they ask for the money back ?
    If your CB ESA runs out as you have received it for a year, and you are not entitled to IR ESA, then you will receive nothing, whether you appeal or not. You will continue to receive NI credits for State Pension for as long as you comply with ESA reassessments and stay in the WRAG, You would not have to attend WFI's etc.

    The only ways that you could again be entitled to payment of CB ESA would be to request a supersession of your award if your condition has deteriorated or you have different conditions, if you are then placed into the support group, payment will be reinstated.

    You could close your claim and make a fresh claim after 12 weeks, but again the only way that you would receive CB ESA payments would be if you had the necessary NI Contribution from the two previous qualifying tax years.

    Besides the above, the only other way would be to obtain the NI contributions needed from employment.

    If you are given permission to make a late appeal, you will still not receive payment, but if the appeal was successful, the support group award would be backdated the the date of the original WRAG CB ESA award, and CB ESA would be paid once more.

    The Tribunal would be looking at your condition at the time of the original WRAG award, not how you are now, or have been since.
    Last edited by vikstar; 01-29-2013 at 12:40 PM.

  8. #8
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    been to jobcentre and they say my esa will stop also.always get conflicting info from dwp . . . .does my head in !!!!! thanks for your reply davewhit.

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    thanks for your reply carneucopia,very much appreciated !!!!!

  10. #10
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    thanks "help me",still all confusing but i'll soldier on !!!

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