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ESA(Contribution Based) Reassessment due
- Cemily
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11 months 3 weeks ago #285506 by Cemily
Replied by Cemily on topic ESA(Contribution Based) Reassessment due
Thanks Gary I'm sorry im struggling to communicate & my question wasnt clear.
To clarify - my ESA claim started in 2012, with a couple of reassessments - last one was done in 2016.
It says i am on Contribution Based, in the Support group, its said that from the beginning of the claim. But I was given some back dated IR through the LEAP project because between 2012 & 15 i *should* have been entitled to IR as well as CB, but when they transferred me from IB they just put me onto CB, so i was given the back pay.
I assume that means i am on the legacy version of ESA?
Not 'New Style.
But if i am reassessed in Feb, & its successful, does that mean i will continuing on with my legacy benefit or, because its a reassessment, is that more like a new claim & therefore does that mean they'll transfer me onto New Style?
So to confirm -
1)does it sound to you like I am on the legacy form of ESA?
2)If so will i continue on that after reassessment or will reassessment be considered as a new claim & therefore be transferred to New Style?
Thanks Gary sorry to waste your time being so unclear i do have some cognitive impairment often struggle to say what i really mean, appreicte your patience
To clarify - my ESA claim started in 2012, with a couple of reassessments - last one was done in 2016.
It says i am on Contribution Based, in the Support group, its said that from the beginning of the claim. But I was given some back dated IR through the LEAP project because between 2012 & 15 i *should* have been entitled to IR as well as CB, but when they transferred me from IB they just put me onto CB, so i was given the back pay.
I assume that means i am on the legacy version of ESA?
Not 'New Style.
But if i am reassessed in Feb, & its successful, does that mean i will continuing on with my legacy benefit or, because its a reassessment, is that more like a new claim & therefore does that mean they'll transfer me onto New Style?
So to confirm -
1)does it sound to you like I am on the legacy form of ESA?
2)If so will i continue on that after reassessment or will reassessment be considered as a new claim & therefore be transferred to New Style?
Thanks Gary sorry to waste your time being so unclear i do have some cognitive impairment often struggle to say what i really mean, appreicte your patience
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- Gordon
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11 months 3 weeks ago #285509 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA(Contribution Based) Reassessment due
C
1. Yes, you are on legacy ESA.
2. It's unclear what will happen to legacy ESA claimants only receiving CB.
It is possible that at some time in the future they will be moved to NS ESA, this will not require a reassessment and at the moment there are no differences between the two benefits other than the legislation under which they operate so there should be no day-to-day impact.
If this happens, it is likely to be later rather than sooner.
Gordon
1. Yes, you are on legacy ESA.
2. It's unclear what will happen to legacy ESA claimants only receiving CB.
It is possible that at some time in the future they will be moved to NS ESA, this will not require a reassessment and at the moment there are no differences between the two benefits other than the legislation under which they operate so there should be no day-to-day impact.
If this happens, it is likely to be later rather than sooner.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Cemily
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- Cemily
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11 months 3 weeks ago #285532 by Cemily
Replied by Cemily on topic ESA(Contribution Based) Reassessment due
Thanks Gordon So are 'reassessments' for an ESA claim (whether the claim began as new style or legacy), actually a new claim?
I know its the same form we fill in (ESA50) but is it a reassessment of the same claim, or treated as a brand new claim?
So if i am reassessed in february next year & it succeeds the same as it has in the past... will it be seen as a new claim & therefore be new style, or will I automatically stay on the legacy because that was my original claim.
Perhaps thats what you said was unclear... So sorry if you answered this already... i seem to be proving to be really dense about this.
I know its the same form we fill in (ESA50) but is it a reassessment of the same claim, or treated as a brand new claim?
So if i am reassessed in february next year & it succeeds the same as it has in the past... will it be seen as a new claim & therefore be new style, or will I automatically stay on the legacy because that was my original claim.
Perhaps thats what you said was unclear... So sorry if you answered this already... i seem to be proving to be really dense about this.
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- Gordon
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11 months 3 weeks ago #285535 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA(Contribution Based) Reassessment due
C
In the terms you are talking about then no, they are not a new claim, it is a reassessment of your existing claim.
In the broader sense, you need to treat each ESA assessment as a new claim as it is always a full reassessment of your award, you cannot just say that there has been no change. In your case and others like you, this is particularly important as it has been so long since your claim was looked at.
Gordon
In the terms you are talking about then no, they are not a new claim, it is a reassessment of your existing claim.
In the broader sense, you need to treat each ESA assessment as a new claim as it is always a full reassessment of your award, you cannot just say that there has been no change. In your case and others like you, this is particularly important as it has been so long since your claim was looked at.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Cemily
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- sandiedm
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7 months 2 days ago #290112 by sandiedm
Replied by sandiedm on topic ESA(Contribution Based) Reassessment due
Completely relate to your question, thanks for putting it here as you are not the only one getting confused over all this. Thank you as I am in a similar predicament too (just different years / months).
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