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ESA 365 Limit


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My ESA contributions based benefit ends at end of April 13.

The DWP have not contacted me. What do I do? I was told that I should go straight onto

income based ESA. But I do not want to phone the DWP, because of all the stress that's involved because of my depression etc. I, have only phoned the DWP once and staff were very unhelpful and very rude. It made my depression worse. My GP currently has me covered by sick notes up to the 13th June.

 

Do, I just wait for the brown envelope to arrive before the end of April 13. Very worried, as I think that I will end up on JSA or universal credit coming up soon.

 

Just, wish that did not have to deal with DWP are things are one sided in their flavour and I do not stand a chance.

 

Any suggestions !

 

My best wishes to you all and thank you

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I'm assuming you are in the assessment phase or WRAG, as the 365 day limit does not apply to those in the Support Group. Your reference to sick notes makes me think you're still in the assessment phase - is this correct?

 

If you are not in the SG and thus affected by the 365 day limit, the best way to contact the DWP in these circumstances is by phone, but if you don't want to do that, you could complete form ESA3 as a claim to income related ESA. We have that kicking about somewhere as a PDF online. I'll dig it out for you and get back shortly.

 

If you have already claimed ESA© and ESA(IR) and only get © because it's exactly the same amount as your (IR) then you should change over automatically.

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Thank you very much for your reply.

 

I am in the WRAG Group. My GP has kept issuing me with sick notes because I had a lot of Trouble with my Tribunal I had last September. ( I won 18 points) The paperwork they issued was incorrect and only now my Decision Notice is now correct. Because of all the pressure, of the Tribunal etc, I did try to take a pill over dose last year. I told the DWP and they did not care and my GP has been trying different antidepressants on me to get me right. I am better now on a different antidepressant. Also, have bowel problems. All because of stress. I, will not go on. Will either phone DWP or get that form.

 

Will I have to go to another rubbish ATOS medical in time?

 

Thanks very much for your time and sorry to go on. Just unsure of things. Would like to get back to work on a part time basis in time. Just do not want the DWP to put pressure on me. This is my greatest fear.

 

Anyway, Thank you very much for your reply. My best wishes.

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No problem, and sorry I can't help with your medical issues - this is not something we are qualified or experienced in at CAG, but I hope you are able to find help. You can contact the Samaritans or by phone on 08457 90 90 90 for further advice if you feel hopeless, as well as your own GP of course.

 

We can help you with benefit issues, though. As you are in the WRAG, you are correct in assuming that contribution based ESA entitlement will expire after 365 days. But, and this is important, that does not necessarily mean that either a) your benefits will stop; or b) that you are not entitled to ESA.

 

Do you have an underlying entitlement to ESA(IR)? To figure this out, the basic questions are:

 

 

  • Do you have a partner, and do they work?
  • Do you (or your partner, if applicable) have any other income?
  • Do you or any partner own any assets such as savings, stocks and shares or property - "property" does not normally include the house you live in.
  • Have you previously made an application for ESA(IR)? It's possible that you did, but were paid ESA© because you met the contribution conditions and as such you would be paid ESA©. If your ESA© entitlement ended, you would still be awarded ESA(IR) if you had underlying entitlement.

Regardless of the answers to any of these questions, you will not have to attend an ATOS medical simply because you move from ESA© to ESA(IR), but you may well have to do so in future simply because that's part of ESA.

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I had this very same problem last week

 

The 365 day ESA limit is because you formerly had a job, and accrued enough NI contributions to get 365 days on contribution based ESA.

 

Fill out an ESA3 form, sign it, and send it to DWP. It will probably take up to 14 days to sort out, and you will probably need a couple of crisis loans in those two weeks to get you through the two weeks (as they will suspend the ESA claim in the intervening time. (They shouldn't refuse you if you explain the circumstances as it is their red tape that is the problem)

 

After 14 days they will place you on income based ESA, and everything will be back to normal.

 

Contact your local council for the crisis loans (not DWP) as the social fund has now moved into the care of your local authority. Call them by phone and ask them what the new process of crisis loan is. My own council now has an online application process that will give you an instant call back and ok the crisis loan there and then, but don't expect miracles, they will probably only give you around £50 a week to survive on (Thanks to Duncan Smith), although its only for two weeks, although in my own council crisis loans are now non-repayable.

 

When your ESA is back to normal, they should pay you the amount they owe you for the two weeks they have messed you around.

 

When i spoke to DWP they didn't even know what an ESA3 was....I had to explain it to them !

If you cannot take on a problem head on, go around the sides, over the top, or underneath. If you still have problems, then change the rules. If you can't change the rules then manipulate yourself into a position where you make the rules.

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I had this very same problem last week

 

The 365 day ESA limit is because you formerly had a job, and accrued enough NI contributions to get 365 days on contribution based ESA.

 

Fill out an ESA3 form, sign it, and send it to DWP. It will probably take up to 14 days to sort out, and you will probably need a couple of crisis loans in those two weeks to get you through the two weeks (as they will suspend the ESA claim in the intervening time. (They shouldn't refuse you if you explain the circumstances as it is their red tape that is the problem)

 

After 14 days they will place you on income based ESA, and everything will be back to normal.

 

Contact your local council for the crisis loans (not DWP) as the social fund has now moved into the care of your local authority. Call them by phone and ask them what the new process of crisis loan is. My own council now has an online application process that will give you an instant call back and ok the crisis loan there and then, but don't expect miracles, they will probably only give you around £50 a week to survive on (Thanks to Duncan Smith), although its only for two weeks, although in my own council crisis loans are now non-repayable.

 

When your ESA is back to normal, they should pay you the amount they owe you for the two weeks they have messed you around.

 

When i spoke to DWP they didn't even know what an ESA3 was....I had to explain it to them !

 

And just to note that none of this applies if the poster has already completed an ESA1 with all the information relevant to an ESA(IR) claim, and if underlying entitlement is already available on said claim.

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Thank you so much for the PDF for means tested ESA. It, was really very nice of you to do that for me. I, will read the document and possibly ring the DWP the coming week.

 

May, I say again a big thank you for taking the trouble to post the PDF to me.

Very many thanks and I wish all the best to you.

 

Best wishes Graham

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  • 10 months later...
Thank you so much for the PDF for means tested ESA. It, was really very nice of you to do that for me. I, will read the document and possibly ring the DWP the coming week.

 

May, I say again a big thank you for taking the trouble to post the PDF to me.

Very many thanks and I wish all the best to you.

 

Best wishes Graham

 

I am so sorry I am new to the forum and cannot access this ESA3 form. When I click on it, it comes up as a media type file not PDF.

Can anyone help please?

 

Many thanks.

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I am so sorry I am new to the forum and cannot access this ESA3 form. When I click on it, it comes up as a media type file not PDF.

Can anyone help please?

 

Many thanks.

 

Do you have PDF reading software installed on your computer? Are you using a version of Windows, or something else (such as Apple Mac, Apple iOS, Android or Linux)?

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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