ESA 365 day

Rol
Rol Online Community Member Posts: 4 Listener
edited June 2023 in Employment & Support Allowance (ESA)
Hello, I live in France and I'm in receipt of contribution based ESA. My claim started 6th July 2022 and is due to end 5th July 2023. I was sent for a medical assessment 30th March 2023 here in France.  The medical assessor, as of today's date 13th June has still not returned the report to the UK. DWP have chased for the report on 2 separate occasions without luck. DWP say my ESA payments will come to an end on 5th July even though my fit note is valid until September. 
This seems very unfair, I'll have no money to pay bills etc. Do I have to re-aply for ESA and start the process again? I'm very stressed and worried now. 

Comments

  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing
    edited June 2023
    What you've been told is correct and is the law. ESA can only be paid for 365 days unless placed into the Support Group. It can't be paid for any longer than this.

    Have you contacted the health assessment providers to ask where your assessment report is? If not then i'd advise you to do that.

    You will need to wait 12 weeks after your current claim ends before you can start a new claim for New style ESA. The NI contribution years they will look at for a claim then will be 2020/21 and 2021/22.
  • Rol
    Rol Online Community Member Posts: 4 Listener
    Hi, thank you for your reply.  Yes I've contacted the health assessor and DWP have also contacted them, still no reply after nearly 13 weeks.
  • JBS2022
    JBS2022 Scope Member Posts: 2,074 Championing
    Unfortunately that is how CBESA works, unless you were placed in the SG during that time you will lose your award. I'm sorry for the delays. You will have to reclaim in a few months.
  • calcotti
    calcotti Online Community Member Posts: 10,000 Championing
    JBS2022 said:
    Unfortunately that is how CBESA works, unless you were placed in the SG during that time you will lose your award. I'm sorry for the delays. You will have to reclaim in a few months.
    That is not correct. Because the WCA had not reached a decision the current situation is that the ESA will stop being paid. If the WCA decision, when made, is to put OP in the Support then payment of ESA will be reinstated in be due from the date the payment ceased. 
  • JBS2022
    JBS2022 Scope Member Posts: 2,074 Championing
    calcotti said:
    JBS2022 said:
    Unfortunately that is how CBESA works, unless you were placed in the SG during that time you will lose your award. I'm sorry for the delays. You will have to reclaim in a few months.
    That is not correct. Because the WCA had not reached a decision the current situation is that the ESA will stop being paid. If the WCA decision, when made, is to put OP in the Support then payment of ESA will be reinstated in be due from the date the payment ceased. 
    That's interesting because a friend of mine also had their CBESA stopped before an assessment and had to reapply and do the whole process again. Which is why i assumed that's how it worked. I apologize for my mistake. Im not very knowledgeable on CB benefits.

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