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Contribution AND Income based ESA??? 365 day rule???

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Hi everyone

 

The person I care for has been put on ESA that is both contribution AND income based. Is this right?

 

Also as he has been put into WRAG - appealing that - he and I have been told by them that he isn't down for another review until 2 years from end November 2012.

 

As he has been put on both contribution AND income based ESA and being told he isn't down for review for 2 years, does that mean the 365 day rule does not count?

 

Extremely confused!

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It must depend on his conditions and his grouping? My husband is not due for another review for another year from March as he has been going through constant hospital treatments. That is what we have been told. He is also 60 this July, so I do not know if that has anything to do with it or not and he is in the support group. I have not heard of this 365 day rule? Is this new? Oh by the way you can have both income based ESA and contribution; if you have family members or a spouse to support on the claim. Part of our claim has income based for me as his spouse but his own claim is soley contribution based. It is the most confusing benefit that I have ever come across. Sorry, cannot help more, but good luck.

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The 365 day rule only applies to contributions based WRAG.

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If he's receiving part contributions and part income based, then the 365 day rule won't apply - once the contribution based benefit runs out, it will be replaced by an equal amount of income based ESA.


We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Hi and thanks for your replies.

 

He is single (divorced) and lives alone so has no one to support.

 

Estellyn, you said If he's receiving part contributions and part income based, then the 365 day rule won't apply - once the contribution based benefit runs out, it will be replaced by an equal amount of income based ESA.

 

Now does that mean that after contribution based benefit has run out (cant figure out how he is getting contribution based??) will the 365 day rule come into play?

 

WRAG is being appealed but just need to know for peace of mind how it works.

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