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Time limit on contribution based ESA after appeal?
- Katherine
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13 years 6 months ago #56576 by Katherine
Time limit on contribution based ESA after appeal? was created by Katherine
I won my ESA appeal today (6 points to 15). Thanks to Benefits and Work for all the advice and a great site.
I realise I'm going to have to wait a few weeks to hear from the DWP but seem to remember reading somewhere that contribution based ESA (which I'm on) is now limited to one year only. I failed my ATOS medical in Feb 2010 and have been waiting all this time for the appeal. I'm assuming that I'll be back paid the difference between the two ESA rates for the period between the failed medical and the appeal decision but am worried about the one year rule. Will they stop my ESA now because I've been on it for longer than a year or even limit the back payment?
I'd be grateful to hear from anyone who knows about this.
Katherine
I realise I'm going to have to wait a few weeks to hear from the DWP but seem to remember reading somewhere that contribution based ESA (which I'm on) is now limited to one year only. I failed my ATOS medical in Feb 2010 and have been waiting all this time for the appeal. I'm assuming that I'll be back paid the difference between the two ESA rates for the period between the failed medical and the appeal decision but am worried about the one year rule. Will they stop my ESA now because I've been on it for longer than a year or even limit the back payment?
I'd be grateful to hear from anyone who knows about this.
Katherine
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- cdcdi1911
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13 years 6 months ago #56580 by cdcdi1911
Replied by cdcdi1911 on topic Re:Time limit on contribution based ESA after appeal?
Hi Katherine
Congratulations for winning your appeal.
The one year time limit hasn't been passed into law yet, but it's likely to take affect from around April 2012, so you should be OK until this date.
Regards
Derek
Congratulations for winning your appeal.
The one year time limit hasn't been passed into law yet, but it's likely to take affect from around April 2012, so you should be OK until this date.
Regards
Derek
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- Gordon
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13 years 6 months ago #56582 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Time limit on contribution based ESA after appeal?
Katherine
The one year rule for ESA(CB) is not yet law, and even when passed will not come into affect until April 2012, so you have at least 11 months of benefit before this wil come into affect.
As you summised, you should be paid the difference in rates, backdated to when the original Decision was made.
It may be worth you contacting the DWP and sending a copy of your Tribunal letter to them, as it often takes ages for them to process a Tribunal result.
Gordon
The one year rule for ESA(CB) is not yet law, and even when passed will not come into affect until April 2012, so you have at least 11 months of benefit before this wil come into affect.
As you summised, you should be paid the difference in rates, backdated to when the original Decision was made.
It may be worth you contacting the DWP and sending a copy of your Tribunal letter to them, as it often takes ages for them to process a Tribunal result.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gareth56
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13 years 6 months ago #56590 by Gareth56
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gareth56 on topic Re:Time limit on contribution based ESA after appeal?
Hopefully the amendment to increase the 1 year to 2 years will be successful, even better if Clause 51 was thrown out; but I fear that as this time limiting of CB ESA if in the WRAG is supported to some extent by the labour party the best we can hope for is it's lengthened.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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