Esa appeal

I did receive letter today saying that I'm not entitled to esa but they was on about income related esa cos my partner works.don't really understand y they going on about my partner

You need to ring them first thing Monday morning and tell them that you were on CB but were time limited to 365 so it stopped.  DWP are wrong. 

 ESA Income Related is a mean tested benefit so if you are living with a partner who is in full time employer you cannot claim Income Related ESA. It looks like DWP is stating that you are on ESA Income Related.

If you were still on ESA Contribution Based  whether you are living with a partner or not it would not have affected your ESA CB benefit.

 

Hi pitipiti I was on cb esa .never been on ib esa.

If you were working and paid your NI contributions before you claimed ESA then you were most likely on CB ESA as you've stated. It sounds like DWP have made a mistake. Ringing them Monday is your only answer and hopefully you get this sorted. 

Yes I will ring them Monday Denise. I was defo on cb based esa because when I was going through appeal they said my money can't b reinstated because my contribution has expired. Thanku for your help

You're welcome, good luck! 

Hi Denise 15811 just like to say thankyou for all your help I have been reading all you Replys they want me to go for ESA I do not no what to do

HI Kett,

You're welcome, i'm always happy to help anyone! What do you mean they want you to go for ESA? You won your appeal and was put into the Support Group is that right? If so then do as i adviced Kett and ring DWP Monday and tell them that you were claiming CB ESA until March and it stopped because you were found fit for work. Then it couldn't be reinstated because your 1 year was up but now you've won your Appeal it can be reinstated on Contribution Based. If they still tell you that you can claim it because your partner works then ring your local Citzens Advice and they will help youget your ESA reinstated.

Hi Denise that last message was from a kett ...not me kat... lol

Hello Kett,

I'm sorry i just realised you're a different person to the one that started this thread, i'm so sorry. You both have very similar names and i mixed you up! Please can you give more information and i'll help. Have you applied for ESA? Do you work at all and do you live alone or have a partner? Sorry for all the questions just trying to help.

Hi Kat,

Hi pitipiti I was on cb esa .never been on ib esa.

Yes I see from your post that you were on ESA CB as mentioned it looks like DWP is insinuating you are on ESA Income Related.

I appealed and was told my esa cannot b reinstated because my contribution had run out.

Contribution-based ESA Work-related Activity Group lasts only for one year. You may be able to re-apply at least 12 weeks after your contribution-based ESA ends, you may qualify again but depends on your National Insurance contributions you’ve paid in the last 2 full tax years before the tax year you’re claiming in. (This is for other members who are unsure when their ESA CB runs out)

anyway 2 days ago had my tribunal court appeal and won it.I have been put in support component.

Well done for winning your appeal.

I have been put in support component.I cannot get income based esa because my partner works full time.

Whilst I agree with the DWP that Income Related benefits are mean tested and that if you are living with a partner you cannot get it but that is not the case with you.

will I get put back in contribution based esa now even though they said it has expired

Yes you should be put back in the ESA Contribution Based as long as you have retained limited capability for work since losing your CB ESA (ie, has continued to remain unfit for work due to satisfying the work capability assessment), if you then get put into the support group as what has happened to you, you are entitled to ESA CB again without having to satisfy the national insurance contribution conditions as mentioned above. (This is because the relevant rule at section 1B of the Welfare Reform Act 2007 does not include a national insurance contribution test).

Also If you were to receive ESA CB Support Group Component there is no time limit how long you can claim for it.

I would definitely ring the DWP on Monday and state to them the rule at Section 1B of the Welfare Reform Act 2007. I would also write a letter following up your telephone conversation with them for proof and keeping paper trail.