Employment and Support Allowance (ESA)
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Contribution Based ESA - stopped

SmedleySmedley Member Posts: 60 Courageous
Hello all  
I have had my ESA Contribution  Based Support Group benefit stopped as I couldn't attend an WCA due to medical & psychiatric conditions.
I requested a home visit but would need a docs letter confirming & backing my reasons for that.
I only had a weeks notice re WCA, and whilst I was endevouring to obtain the docs letter, I received a letter saying my benefit had been stopped, declared fit for work & P45 issued.
I have requested a mandatory reconsideration and I now have the docs letter backup which someone is posting for me tomorrow recorded delivery.
Mandatory reconsideration are aware this is on the way to them & will be taken into account.
What I need to know is that if I have to apply for new style ESA & following a required home assessment visit, will my Contributions paid by the DWP on my behalf under my previous now closed claim, be taken into account & included in the new style ESA claim ?

IF I am found in support group
IF I am found in Work Capability Group

Thank you, I am finding this mega confusing and it's doing my head in quite frankly ! 




Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    New style contribution based ESA is for those that live in a full Universal credit area and worked and paid National Insurance Contributions in the previous 2 tax years. It's replaced the old style ESA which you have just been found fit for work for failing to attend, as I explained in your previous thread here.
    https://community.scope.org.uk/discussion/47788/mandatory-reconsideration#latest

    You need to continue with your ESA MR because you can't start a new claim for New style contribution based ESA. 
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • SmedleySmedley Member Posts: 60 Courageous
    But if my old style ESA claim is closed & p45 & declared fit for work even tho I haven't had f2f assessment cos I couldn't attend, then regardless of if the mandatory reconsideration goes in my favour, I still have lost my old style ESA contribution based & will not be entitled to anything then as I am over the savings limit for any of the income based benefits.
    Sorry I am so dense !
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    If the MR decision doesn't accept your reasons for failing to attend then you'll need to take it to Tribunal for the same reasons as the MR...failing to attend. If the MR decision goes in your favour and they accept your reasons then your file will be returned to the assessment providers and you'll attend another assessment, eventually. If the decision after this finds you fit for work then no you won't be able to reclaim any ESA unless it's a worsening of the same condition or a new condition completely. 

    Income Based ESA/JSA or Universal is means tested any savings of £6,000 will affect these £1 for every £250 over that amount. Savings/capital over £16,000 and you won't be entitled to them. A partners income will also affect any means tested benefits a person can claim.

    Please just concentrate on the MR and then worry about everything else later if need be because there's nothing you can do until the MR decision's been made. Good luck.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • SmedleySmedley Member Posts: 60 Courageous
    Thank you. I will await the MR decision without further ado !! 

    You have been extremely helpful & patient 😀
  • bionictadpolebionictadpole Member Posts: 6 Listener
    My contribution based ESA was stopped in February. Their reasons were I was receiving 'other benefits'. The other benefit was UC (I moved from a non UC area to full shortly after my claim) and they only paid my housing. I did an MR and in June was awarded my ESA back, plus back pay (nice!) and UC still pay my housing, plus a top up. 

    I never got a WCA from ESA, it came from UC - even though they only pay my housing. I still haven't had a WCA from ESA, UC seem a it more efficient on it despite the nightmares they cause elsewhere, but I have just had a renewal from UC and ESA take these into consideration. (I hope this clarifies for people due to transfer to UC for their housing payments). 

    If the MR goes in your favour then ESA will be reinstated and back pay awarded. I must admit in my MR I did point out the failings of the DWP in all matters regarding communication not only with me, but with their own departments. 

    Good luck x
  • SmedleySmedley Member Posts: 60 Courageous
    Thank you ! 
    😀
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    @bionictadpole if the MR goes in Smedley's favour the ESA money won't be reinstated in this case because they were found fit for work for failing to attend the assessment, as already explained throughout both threads. The money won't be reinstated and backdated until a face 2 face assessment has been completed and a decision been made on that. If Smedley is placed back into the Support group then the money will reinstated and be back dated to the date it stopped.  The situation with yours was totally different to this. 
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Smedley said:
    Thank you. I will await the MR decision without further ado !! 

    You have been extremely helpful & patient 😀
    You're welcome, it's very confusing and even more so when you've been found fit for work for failing to attend. Good luck and I hope the MR decision goes in your favour and after the assessment you're placed back into the support group. In my opinion the health assessment provides haven't treated you very fairly. 
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • bionictadpolebionictadpole Member Posts: 6 Listener
    Erm, won't be and will be both in the same rant... I was relating my experience. Using bold is a little aggressive, I think. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I wasn't being aggressive but Smedley's ESA won't be reinstated after the MR if the decision goes in their favour. You stated it would be and that's not correct here because they were found fit for work for failing to attend the assessment. IT's different to being found fit for work after attending an assessment. 
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • bionictadpolebionictadpole Member Posts: 6 Listener
    Sorry, I'm new to all this benefits malarkey (18 months down the line and still no wiser), but I was just relating my experience. I apologise if it was worded badly.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    No problem, benefits can be confusing. 
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
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