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Thread: Received "standard notification" of expiry of contribution based ESA

  1. #1
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    Received "standard notification" of expiry of contribution based ESA

    Contribution based Esa assessment rate benefit ends in January but makes no mention of ESA 50 form I filled in due to being unable to work. Perhaps mistakenly I was led to believe my payments would still continue up to the point and beyond once the claim for ESA had been assessed.

    With regard to my sickness claim I was previously in dispute with the medical assessors who threatened to stop my money last July since they categorically refused to send an Assessor out despite me having a doctors letter indicating my condition was severe enough to prevent travel. I filled in an explanation to the DWP as to why I was unable to attend the medical assessment and my money continued. I've heard nothing since. Can anybody advise with regard to the ESA 50 etc Thankyou.
    Last edited by phillius; 22-11-19 at 12:07.

  2. #2
    Senior Member TimeLord's Avatar
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    From the start of your initial claim whenever that was ? You would be in an assessment phase for 12/13 weeks that by what you're saying comes to and end in January but that isn't the end of your ESA probably you will get a rate change increase after January. If you was given a group status letter previously did it state Support group or Work Related Activity Group ? If you started in the Support group it remains contribution related and if you was in W.r.a.g I believe it lasts 12 months then you can get income related ESA but until you're found fit to work I would wait for a further letter and as long as they're paying your claim I wouldn't worry too much. The letters still confuse many people we read into the jargon to see the worst outcome. Hope that helps.

  3. #3
    Senior Member nukecad's Avatar
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    Things have changed from what TimeLord is saying above.

    Income Related ESA does not, can not legally, exist for new claims - It's been abolished for new claims by UC.
    (It still exists for existing 'Old Style' claims).

    All new ESA claims are for 'New Style' ESA which is only ever Contribution Based.

    Under New Style ESA then if after 12 months you have not had your assessment yet NS ESA will stop being paid.
    NS ESA can only continue for longer than 12 months if you are found to be in Support Group.
    If you are found WRAG, or not assessed yet, then it will stop after 12 months and because IR ESA no longer exists for new claims then you have to claim UC instead.

    With NS ESA they are actually hitting the target and getting asessments and decisions on new claim made within 13 weeks.
    Which means that the assessment rate ending after 12 months is only ever going to happen if you are found FFW and appeal, of if something else happens like failure to attend your assessment again probably leading to appeal.

    To get back to phillius's particular situation here -

    We have determined in previous threads that phillius does have a 'New Style' ESA claim, and that there has been a complicated assessment process including a request for a home assessment, seemingly a cancelled assessment?, delayed GP letters, all then leading a failure to attend and having to show good reason why.

    I'm not sure just when the claim was made but with all that has gone on I can see it as being last January, and so entitlement to NS ESA will end next January - Unless phillius is awarded SG before then.

    If an assessment/decision has not been made by 12 months and NS ESA stops then phillius will have to claim UC to continue receiving benefit.
    If he tells them that he is awating an ESA assessment/decision he should not have to do any jobseeking as long as fit notes are provided.

    Once an assessment/decision is made for the ESA then if SG is awarded it will be backpaid from week 13 to the the start of the UC claim and the decision applied to the UC as well to give the LCWRA element in UC, backdated to the start of that.
    NS ESA will come back into payment, but that payment will be deducted from the UC amount.

    If however the ESA decision is WRAG there will be nothing to backpay, but the WRAG decision will be applied to the UC giving LCW in that meaning no jobsearching.
    Last edited by nukecad; 22-11-19 at 17:00.
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    phillius will have to claim UC to continue receiving benefit.
    I will not qualify for UC due to my wife's income and I am too ill to claim job-seekers or actively seek work The only option would be for me is to appeal if refused SG. Presumably this would be a "mandatory consideration"? I have also recently been told there is no treatment/help for the additional effects of my illness and I am stuck with them for life. If the illness had been caught and identified within eight weeks of its onset CBT may have helped but not cured me.
    I have had the condition for twelve years and it was only recently identified- so I am ten years and ten months too late. The DWP do not have this information as I only had the medical interview and confirmation last week. This would form part of my appeal. Would it be wise to forward this information in advance to the DWP to try and offset any difficulties to me with their decision? Would this information go to the office that informed me of the end date of the Benefit? Thank you.
    Last edited by phillius; 23-11-19 at 01:12.

  5. #5
    Senior Member nukecad's Avatar
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    If your partner is working the you are correct that you will probably not qualify for UC, (And would not have qualified for IR ESA under the old system either).

    If you have not yet had an assessment/decision by 12 months then your CB ESA at assessment rate will stop after 12 months, unless you get a decision before then.
    That is written into the law and there is nothing you can do about it.

    It will only be reinstated (and backpaid) if you are found to be in Support Group at assessment/decision.
    (If you are found to be WRAG then that only lasts for 12 months and you would have already had that 12 months).

    Your priority at the moment is to find out just what is happening with regard to your assessment.
    Ring CHDA and ask them, if they say it's back with the DWP then ring the DWP and ask them.
    If they have accepted your 'good reason' then you need to know if they are now doing it on paperwork or if they want you to have a f2f either at their offices or at home.

    Until you know what is happening with your assessment then there is not much else you can do at this time.

    If your assessment is still ongoing then you can tell them that you have new evidence and send them copies.
    (To whoever has your ESA50, etc. at the moment - ask them).

    It's too early to be talking about MR/appeals, you can't MR/appeal until there is a decision to be reconsidered or appealed against.
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    Thanks for the advice nukecad. It looks like I'll have to update the DWP regardless as a PIP review arrived through the letterbox this morning in addition to the issues with the ESA. I have contacted Disability Solutions to assist me with the latter. I don't want to be messed about given what's happened previously. One question, would it be likely they insist on a face to face again given a Doctor's note was eventually provided stating I was at risk of injury and incapable of travel? I suppose, given the idiocy that previously occurred anything's possible.

  7. #7
    Senior Member nukecad's Avatar
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    I haven't got a clue and would only be guessing.

    You need to ring them and ask what is happening with your assessment, they are the only people who can tell you that.

    Your ESA is going to stop in January unless you get a Support Group decision before then.
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    I rang the DWP today to find out they have accepted I had just cause for refusing to go for the face to face and they have sent my file back to CHDA. Rather annoyed I indicated that I thought things were just going around in circles. I was also told there was no guarantee CHDA won't request another face to face which I'm physically incapable of attending.

    The DWP person tried to argue that the previous decision of having just cause not to attend the Face to Face was only applicable to that occasion when nothing has changed with regard to to my circumstances?

    Twenty weeks this has gone on? I had previously quoted the 2010 Disability Act to the DWP about no reasonable Adjustments having been made.

    I was told to send any additional evidence to CHDA.

    I'm assuming I'm stuffed unless somebody can decide it would be pointless to send an assessor to diagnose an incurable illness with a huge amount of supporting data before the deadline of Jan 13th.

    What's really annoying is I received a text I was unable to answer due to a failed Android update stating : "We will ring you within 1 hours to discuss the outcome of your Work Capability Assessment. The number may show as unknown or begin with 0800." where I thought a useful decision had been made"?
    Last edited by phillius; 30-11-19 at 05:15.

  9. #9
    Senior Member nukecad's Avatar
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    So they have accepted that you had 'good reason' and sent you file back to CHDA, that's good to know and means your claim is still ongoing.

    The text message does seem to say that there has now been an 'outcome'. (ie. that a decision has been made on paper without a F2F).
    Of course it does not say what that decision is, it may just have been about the decision to accept 'good reason' and send the file back to CHDA.
    When did you get that text?

    I'm afraid that you are going to have to ring them again on Monday, tell them about the text message and that no one rang you.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  10. #10
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    I received the text last Thursday. Unfortunately this was the day the Android updated borked the phone. It wasn't until Friday I spoke to the DWP, so either he was referring to the case being sent back to CHDA or his system hadn't updated to include any would be outcome the text refered to?

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