THE FULL FACTS

A guide to ESA, ESA50 claim form and ATOS WCA
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Post new topic This topic is locked, you cannot edit posts or make further replies.  [ 8 posts ] 
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PostPosted: Wed 07 Mar 2012, 20:52 
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I received a phone call from the job centre on Monday to say that the new bill had been passed. As a result of this my ESA will stop on 30th April because I have been on it more than 365 days. I asked her what I am supposed to do now financially. I was told that because my husband works full time I am unable to apply for income based ESA. I am supposed to have yet another medical this Friday. I said to her there was no point in attending this now then. She says I have to attend or they will stop paying my National Insurance. I wasn't even aware that they were paying it. I don't understand if this is only until 30th April, or as long as I am off sick. Someone on here told me that as they understood it, it as as long as on benefits which would be April. The reason I am off work is due to stress and depression. This has got worse of recent months. The stress of having to attend another medical has made me even worse. To be told my money is stopping and I can't claim anything else has really tipped the balance and I can't stop crying. If it only means the difference of a couple of months of National Insurance then it's really not worth the extra stress.
I really don't understand these new regulations. Can anyone clarify the situation please? What are likely to be the outcomes of attending or not attending the medical since it will stop in April anyhow? What is the situation with National Insurance? Will they stop paying this in April as well?

Many thanks


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PostPosted: Wed 07 Mar 2012, 23:32 
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Hi SandyPandy, You have posted virtually the same message a couple of times in different areas on the forum is there a specific question unanswered on the other threads? :-\

Please stick to the same thread otherwise its get confusing for us all.

Are you unable to locate previous posts or having some other forum based issue?
Here is a link to your previous thread (perhaps a site team member can merge?)

viewtopic.php?f=24&t=226


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PostPosted: Thu 08 Mar 2012, 06:23 
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Soz I'm new to this and thought I had put the other one in the wrong place, since it seemed to be for facts rather than discussion.
Very sorry didn't intend to confuse just very stressed at the mo


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PostPosted: Thu 08 Mar 2012, 09:50 
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Hi Sandy try not to stress, you have to wait for your NI info to arrive. Meanwhile try to attend the WCA on Friday, take someone with you for support. Good Luck


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PostPosted: Thu 08 Mar 2012, 11:04 
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HI Sandy Pandy
If you do not attend the medical without good reason, then most likely your benefit will stop. I can understand your reason for not wanting to attend, but by attending the medical you could still receive ESA until April 30th which is 7 or 8 weeks ESA payments.
Mike


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PostPosted: Thu 08 Mar 2012, 14:46 
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Hi Kab and Mike

Thank you for your advice and support. I know you are right, I'm afraid common sense has gone out the window. My hubby is working away, but due back tonight so complete and utter panic has set in since I received the phone call. Thanks for making me see sense
sandy


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PostPosted: Thu 08 Mar 2012, 16:18 
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Hi
I have just had the same phone call and was told that even though my money would stop they would continue paying my NI contributions so I take that to mean even after the money has stopped for as long as I was unable to work like they do with JSA if your partner works and you can't get benefits yourself.
I actually sent a change of circumstances form in 2 weeks ago, the woman said she had it in her drawer but it was in the wrong department, should be in their medical department and she would forward it now! She is still sending me the exact same form to complete for income based ESA although she says this one doesn't need all the medical evidence I have supplied with the other?
How very strange.


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PostPosted: Thu 08 Mar 2012, 17:26 
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Hi Sandy and Penny, Did some digging and this info is directly from DWP site.
(it may be helpful for Sandy's hubby to read, hopefully he can also attend Friday's WCA)

Changes to contribution-based Employment and Support Allowance

The Welfare Reform Bill proposes two changes to contribution-based Employment and Support Allowance (ESA):

* to limit the amount of time that people in the Work Related Activity Group can receive contribution-based ESA to 365 days; and
* prevent any new claims for ESA on grounds of youth.

The 104 week linking rule is also being abolished.

We expect these changes to take effect on the 30 April 2012.

People in the Support Group and those solely claiming income-related ESA are not affected by these changes.

Claimants whose entitlement to contribution-based ESA ends after 365 days will be able to get income-related Employment and Support Allowance subject to satisfying the normal eligibility criteria.

Claimants can ask to be considered for income-related ESA at any time by contacting Jobcentre Plus and completing a form called an ESA3.
What are you doing for Claimants immediately affected by Time Limiting?

From the 29 February 2012, we will be contacting (by phone in the first instance) people in receipt of contribution-based ESA who have not been assessed for income-related ESA and whose benefit will end between 30 April and 3 June to give them early notification of the expected change to their benefit and to ask if they wish to be considered for income-related ESA.

In addition, all claimants whose benefit is expected to end by the 3 June 2012 inclusive will be sent a notification on 9 April 2012 informing them of the date their benefit will end and whether they have an entitlement to income-related ESA registered. Depending on the date the claimant’s entitlement is due to end, a reminder notification will be issued if no contact is made with the Department.

Claimants whose benefit will end after 3 June will receive 8 weeks’ notice before their contribution-based benefit ends.
What are the changes?

The Welfare Reform Bill proposes to limit the amount of time people not in the Support Group can claim contribution-based ESA to a period not exceeding 365 days. Time spent in the assessment phase will count towards the 365 day time limit unless it is immediately followed by entitlement to the support component.

People not in the Support Group who have already received contribution-based ESA for 365 days or more will have their entitlement stopped as soon as the change is introduced.

The special contribution conditions that allow people aged between 16 and 20, (or under 25 if in education or training at least three months immediately before turning 20) to receive contribution-based ESA without paying National Insurance contributions will, we expect, no longer be available for new claimants. This means that once this becomes law, all new claims for contribution-based ESA will need to satisfy the usual contribution conditions.

People currently claiming contribution-based ESA who have qualified under those special contribution conditions (sometimes called the ‘Youth provisions’) will, we expect, have their contribution-based ESA time-limited to 365 days if they are not in the Support Group. People in the Support Group who qualified under the ‘Youth’ provisions will, we expect, continue to receive contribution-based Employment and Support Allowance providing they continue to meet the qualifying criteria.

Young people will still be able to claim income-related ESA if they are entitled to do so.

People in the Support Group and those solely claiming income-related Employment and Support Allowance are unaffected by these changes.

Claimants with an underlying entitlement to income-related ESA will be automatically moved onto this benefit when their contribution-based ESA ends.
Abolition of 104 week linking

Previously, where a claimant left ESA and started work or training within one month, their benefit would be reinstated at the same rate as previously paid if they returned to Employment and Support Allowance within 104 weeks. The 104 week linking rule will prevent some claimants who have left benefit and paid National Insurance contributions, for example by working, from re-qualifying for a further 365 days of contribution-based Employment and Support Allowance. Therefore we expect the 104 week linking rule will be abolished to support these changes.
What is contribution-based Employment and Support Allowance?

People receive contribution-based ESA if they have limited capability for work and have paid enough National Insurance contributions. It is different from income-related ESA which is paid to people depending on their income and savings.
What is the Work Related Activity Group?

If someone is in the Work Related Activity Group, it has been decided that work may not be appropriate for them now, but with support they can prepare for work in the future.
What is the Support Group?

If someone is severely disabled or has a severe health condition they will be placed in the Support Group. They will not be expected to look for work and will get the extra support they need. They will not have to take up any work- related support unless they want to.


Source: http://www.dwp.gov.uk/adviser/updates/p ... tribution/


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