Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder Myfibro Novitiate

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    Default Contribution based esa ending question

    Hi, I receive contributionicon based esa which is due to end at the end of april due to the new 365 days rule. I realise this is affecting lots of people.

    I have little savings (well under 6000) and no income and i'm single so presume I will be entitled to income based esa when the contributionicon based comes to an end.

    After reading the information on the dwp site - (wont let me post links, its dwp, changes to contribution page) It says "Claimants with an underlying entitlement to income-related ESA will be automatically moved onto this benefit when their contribution-based ESA ends."

    I got a letter a month or so back saying they would write again after the 9th april informing me how to proceed and i had assumed this would tell me that as I qualify for income based esa, I would automatically be moved onto this.
    However, this second letter merely states that my contribution based esa will end on 30th april and that I may be entitled to income based esa and I should phone the number on the letter.

    Has anyone called and been put straight onto income based esa? Will I have to re-apply from scratch? This worries me greatly, I had a hell of a time with all this before - atos medical gave me 0 points, appealed, got awarded 27 points in the appeal and was placed in the wrag. I have been attending the work program interviews although they now do these over email as they can see i'm not ready for work yet.

    Having to reapply from scratch and no doubt having to have another medical etc fills me with dread. I really hope it is just a smooth transition after one phone callicon but knowing dwp have my doubts. Anybody made the transition painlessly without having to attend interviews/fill out forms etc?

    Many thanks for any help.

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  2. #2
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    Default Re: Contribution based esa ending question

    You do not have to reapply from scratch. It should be a smooth transition. You phone, give details of income and savings, they put you on income based.

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  3. #3
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    Default Re: Contribution based esa ending question

    have just listened to bbc this morning...paul lewis on moneybox...if you have a partner that works even if that is part time or earning minimum wage then after a year esa contributory would cease and you will be entitled to s#d all..this seems it will affect about 40,000 people in uk today...its a scandal and the sooner these parasites are voted out of office the better


  4. #4
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    Default Re: Contribution based esa ending question

    As far as I am aware and am happy to be corrected, to go through the transition from contributionicon based ESA to Income Realted ESA you will need to complete form ESA3 which can be obtained by calling you DWP processing team (these forms are not stocked by the local JCP offices)


  5. #5
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    Default Re: Contribution based esa ending question

    There's no reason why this type of change would mean medicals, etc. Your only change (from what I can gather) is your contributions have run out.

    Also, if you receive income based ESA, you should get full council tax benefit and housing benefit for your area.


  6. #6
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    Default Re: Contribution based esa ending question

    The DWP has begun telephoning claimants whose employment and support allowance (ESA) is due to end because of the time-limiting of contributionicon-based ESA for claimants in the work-related activity group (WRAG). Payments will cease for some claimants from 30 April 2012.

    Claimants are now only entitled to 365 days of contributionicon-based ESA if they are in the WRAG. Time spent in the assessment phase which is immediately followed by being placed in the WRAG counts towards the 365 days. The new rules are retrospective, meaning that people who have already spent a year in the WRAG on contribution-based ESA will lose their benefit from 30 April unless they are entitled to income-related ESA.

    Claimants in the support group will not be affected and payments of income-related ESA will also not be stopped.

    The first payments are due to end on 30 April and the DWP have begun telephoning claimants whose payments are expected to end between 30 April and 3 June. They are being informed of the ending of their payment and asked if they wish to apply for income-related ESA.

    Claimants whose payments are due to end after 3 June will be given eight weeks’​ notice.

    Income-related ESA is means-tested. Claimants who have too much income (depending on their circumstances), capital of ​16,000 or more or whose partner works for 24 hours a week or more are unlikely to qualify for income-related ESA.

    The DWP claim that around 60% of those affected by the changes will be entitled to some income-related ESA.

    Claimants whose condition has worsened may be able to ask for their award to be looked at again if they consider they should now be in the support group, where the time limit does not apply.


  7. #7
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    Default Re: Contribution based esa ending question

    So from what I am reading then you pay your nhs contributions for 30+ years ...become ill and have not been able to work for the last 7+ years and have had to be on IB / ESA and been put into WRAG and have a partner that works but only just earns above min wage and you know that your condition is degenerative!
    You are then put on the scrap heap losing nearly 400 a month which for most of us is food on the table !!!!! Yet those who have never paid a stamp ( going back in time ) can have everything they want and more ........arghhhhhhhh this makes me sooooo mad it is unbeleivable ....better tell my other half they would be better off going part time or not working at all !!!!!!! If only the concience would allow !!!!!!!

    Might as well declare bankrupt now cos by Oct / Nov unless there is change we will starve and so will our kids !


  8. #8
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    Default Re: Contribution based esa ending question

    It doesn't work like that, Spots. I have never worked for various reasons and everything is income assessed. I don't have a partner but if I did, their income would matter from day 1. We also don't get everything for free - I still have to pay for my glasses.

    If your income is really that low, you may get some more tax credits, housing and /or council tax benefits.

    Sorry; but opinions like yours really **** me off. Not everyone who hasn't paid into the system has chosen not to pay. Their income either isn't enough or they've had bloody good reason not to work.


  9. #9
    Basic Account Holder suziebear67 Novitiate

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    Default Re: Contribution based esa ending question

    What about contibutions jsa will my partner be able to claim that as his esa ends 30th april and i work 30 hrs a week.


  10. #10
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    Default Re: Contribution based esa ending question

    Alright ladies and gents, let's keep it civil and non-judgemental please.

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    I can't give advice by PM - please post on the forums. I do advise to the best of my ability, but I am not a qualified professional, benefits lawyer or Welfare Rights Adviser. If you wish to check my advice against other independent sources, please do.

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  11. #11
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    Default Re: Contribution based esa ending question

    The contributionicon based JSA will only be payable if he has paid suffiicent class 1 NI contributions in the relevant income tax years (2009/2010 and 2010/2011) and also if he is activerly seeking and available to take full time employment. (unless there are sufficent grounds to reduce the hours he is able to work or restrictions that can be agreed by an apersonal advisor.
    The contributionicon based JSA is only payable for a maximum of 182 days too.


  12. #12
    Basic Account Holder suziebear67 Novitiate

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    Default Re: Contribution based esa ending question

    Thanks he has been on esa contributionicon based from jan 10 and before that jsa income related he is alot better than he was so is ready to try getting back into the workplace and could do with some help and advice from jobcentre. I dont expect him to go and work 40hrs a week just yet lol.


  13. #13
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    Default Re: Contribution based esa ending question

    While he is still receiving ESA I would recommend requesting an appointment with the Disability Employment Advisor (DEA) they will be able to discuss the options available to him withour making the jump between EA and JSA before he is ready.
    Also base on your post as he has not been employed during the relevant tax years it will be very unlikely that he will qualify to receive te contributionicon Based JSA. No Income Based JSA either due to your income so if he does transfer to JSA he will only be signing for his NI credits.


  14. #14
    Basic Account Holder suziebear67 Novitiate

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    Default Re: Contribution based esa ending question

    Thanks i will tell him. Will his stamp that was paid while claiming benefits be enough for claiming jsa or do u have to work and pay it for claiming purposes.


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    Default Re: Contribution based esa ending question

    Quote Originally Posted by suziebear67 View Post
    What about contibutions jsa will my partner be able to claim that as his esa ends 30th april and i work 30 hrs a week.
    He can make a claim, yes. Whether he receives benefit will depend on his NI contributions in the tax years 2009/2010 and 2010/2011. JSA(C) can be paid for 182 days before it exhausts.

    Edit: Or what Flumps said. Serves me right for writing a post and not actually hitting the post button for an hour...

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    CAG exists because of your support, so if you feel able to help out by donating it would be welcome, but rest assured that our advice and support is free.

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  16. #16
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    Default Re: Contribution based esa ending question

    The contributions for JSA can only come from paid employmnt class 1 contibutions so credits from other benefits do not count sorry


  17. #17
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    Default Re: Contribution based esa ending question

    Quote Originally Posted by suziebear67 View Post
    Thanks i will tell him. Will his stamp that was paid while claiming benefits be enough for claiming jsa or do u have to work and pay it for claiming purposes.
    His stamp will be paid, yes. The stamp is only for his pension.


  18. #18
    Basic Account Holder suziebear67 Novitiate

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    Default Re: Contribution based esa ending question

    Thanks not the answer i wanted lol but at least we know he wont be entitled to jsa i will have to sell him lol


  19. #19
    Basic Account Holder Myfibro Novitiate

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    Default Re: Contribution based esa ending question

    Hi again, I called them and they are sending an ESA3 form so hopefully it will be ok.
    Thanks for the help.
    I will actually be better off on income based esa as I wont have to pay for my prescriptions every month.

    p.s. It would be preferable to start your own thread about JSA and not hijack this one...


  20. #20
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    Default Re: Contribution based esa ending question

    If one is getting or has an underlying entitlement to Carers Allowance am I correct in believing the NI credits one gets are class 1, and if/when one ceases to be a carer it is possible to move onto contributionicon based benefits?

    Also If while one is a carer they are on a time limited benefit, would the time limit be removed?

    I ask as this as at the moment I am in the ESA support group, and am my wite's carer. If at a later date I am moved to the WRAG and/or cease to be a carer what would happen?


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