If we become concerned about you or anyone else while using one of our services, we will act in line with our safeguarding policy and procedures. This may involve sharing this information with relevant authorities to ensure we comply with our policies and legal obligations.

Why cant I just have Contribution based ESA and not IR ESA?

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Baileyb
Baileyb Community member Posts: 12 Listener
Hello
My husband and I are on Contribution based ESA and we would like to just have C-_ESA and not have IR-ESA we are happy just with getting the Contribution based.
Can the DWP force us to fill out a ESA 3 form that we are not interested in filling in as we dont want the income related ESA and are ok with what we have got.
What happens if someone doesnt fill out the ESA 3 form? We really just want to be left alone.
My husband recently had to fill out another ESA 50 form even though he meets the criteria for the SEVERE GUIDANCE category.
Hope you can advise.
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Comments

  • poppy123456
    poppy123456 Community member Posts: 57,208 Disability Gamechanger
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    Hi,

    You don't have to fill out the ESA3 form but if you're entitled to something then i'm not sure why you wouldn't want to claim the money you maybe entitled to.

    ESA reviews can take place anytime from 3 months. If after this assessment once a decision's been made if they decide he meets the criteria for the severe conditions group then no further assessments will be needed and it will state this on the decision letter. If it doesn't then he will continue to be reassessed in the future.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Baileyb
    Baileyb Community member Posts: 12 Listener
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    Hi There
    Thanks for your comment.
    We prefer to be on C-ESA as it is less restricitng than being on IR-ESA. We believe that we get the full amount that we are entitled to so dont want to have to fill out a very intrusive form such as ESA 3 for money that we are not entitled and dont need.
    I think the ESA 3 form is just another form to control people with and is extremely long and asks for far too much information. I feel this is unnecessary.
    And my husband is entitled to be in the SEVERE Guidance category as he fits the criteria.
    Thanks again


  • poppy123456
    poppy123456 Community member Posts: 57,208 Disability Gamechanger
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    You don't have to fill out the ESA3 form if you don't want to, that's entirely your choice.

    As for the severe conditions group for ESA then if he's placed into this group then it will tell him on the decision letter once it's received. If he's currently been placed into the Support Group through regulation 35 rather than the support group descriptors then he won't be considered for the severe conditions group.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Baileyb
    Baileyb Community member Posts: 12 Listener
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    \hanks for letting me know that we dont have to fill out the ESA 3 form that was sent to us recently. Hopefully the DWP wont keep harassing us about it. As they love harassing vulnerable people.

    As I have said my husband fills the criteria for SEVER GUIDANCE. however I think the decision makers are at times extremely incompetent and dont know their job. There have been times when i have had to phone them and let them know their errors and mistakes more than once. So if they dont put my husband into the SEVERE GUIDANCE category even though we have been advised that he should be in it by a  Welfare legal advisor who said he fits it, then once again the DWP dont know how to do their job properly.



  • poppy123456
    poppy123456 Community member Posts: 57,208 Disability Gamechanger
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    My advice would be to write on the form that you don't wish to be assessed for any income related top up and then sign and return the form, otherwise they may continue to pester you.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • dottaylor
    dottaylor Community member Posts: 21 Listener
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    Hi please could anyone advise me,iv been on contribution esa for 12 months and it’s due to run out,,so I asked for it to be reassessed I was advised I could do this as I’m in lwcra on mental health grounds.
    yesterday I went for my assessment and if I pass it will they put me back on contribution or could I be put into support group regards dot
  • poppy123456
    poppy123456 Community member Posts: 57,208 Disability Gamechanger
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    dottaylor said:
    Hi please could anyone advise me,iv been on contribution esa for 12 months and it’s due to run out,,so I asked for it to be reassessed I was advised I could do this as I’m in lwcra on mental health grounds.
    yesterday I went for my assessment and if I pass it will they put me back on contribution or could I be put into support group regards dot
    Hi,

    I'm a little confused by your question because you say your contributions based ESA is about to run out and they you say you're claiming LCWRA. which is support group. When you're in this group there's no time limit to Contributions based, it's paid for as long as you remain in that group.

    Can i just ask you to please confirm which group you're in?
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • dottaylor
    dottaylor Community member Posts: 21 Listener
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    Hi yeah I’m in the LCWRA contribution based but I don’t get support element and it only lat 12 months I’m really confused to be honest 
  • poppy123456
    poppy123456 Community member Posts: 57,208 Disability Gamechanger
    edited November 2019
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    dottaylor said:
    Hi yeah I’m in the LCWRA contribution based but I don’t get support element and it only lat 12 months I’m really confused to be honest 
    LCWRA is not limited to 12 months, LCW is limited to 12 months.

    The easiest way for me to know which group you're in is to ask are you receiving £73.10 per week, if so then this is LCW. If you're receiving £111.65 per week then this is LCWRA.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • dottaylor
    dottaylor Community member Posts: 21 Listener
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    It’s defo lcwra because it says it on the top of my letter,I get £73.10 a week,,,it runs out after 12 months but because I’m on lcwra I can reapply,I don’t no why iv not got payment for support thanks for your reply,just wish I could understand it,think il ring um up tomorrow x
  • poppy123456
    poppy123456 Community member Posts: 57,208 Disability Gamechanger
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    Something isn't right here and you need to ring them tomorrow. LCWRA is £111.65 per week and is not time limited to 365 days.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • dottaylor
    dottaylor Community member Posts: 21 Listener
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    If that’s the case and they’ve made a mistake will they back pay me,oh by the way they said it’s the new style esa don’t no if that has anything to do with it urgh thanks I really appreciate your replays x
  • poppy123456
    poppy123456 Community member Posts: 57,208 Disability Gamechanger
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    Yes you will be owed money if you are definitely in the LCWRA group and not the LCW group. It makes no difference being new style esa.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • dottaylor
    dottaylor Community member Posts: 21 Listener
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    Hiya,,,iv just looked at mt paperwork again and this is written,,,limited capability for work related Activity group(not  revised to support group) employment and support allowence

    i am unable to revise the decision placing you in the work related Activity group.This is because you do not meet any of the criteria for support group,,
    sorry for the long letter please could you advise me thank you x
  • poppy123456
    poppy123456 Community member Posts: 57,208 Disability Gamechanger
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    This means you are in the LCW (work group) and not LCWRA (support group) because the decision maker said you don't meet the criteria for the support group. When was the MR decision made please?
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • dottaylor
    dottaylor Community member Posts: 21 Listener
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    March  this year or round about that time 
  • poppy123456
    poppy123456 Community member Posts: 57,208 Disability Gamechanger
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    You do have 13 months to request the Tribunal, with good reason. They are correct that your money will stop once you reach 365 days because you're only in the LCW group.

    May i ask do you claim Universal Credit as well? Or do you live with a partner that works?
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • dottaylor
    dottaylor Community member Posts: 21 Listener
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    I live with my hubby and don't claim universal credit
  • dottaylor
    dottaylor Community member Posts: 21 Listener
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    My hubby took retirement 2 months ago 
  • poppy123456
    poppy123456 Community member Posts: 57,208 Disability Gamechanger
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    Would that be early retirement with a works pension or state pension? Do you have savings/capital of more than £16,000?
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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