Contribution based ESA

[NickyLou67]

My partner was finished from his workplace in July 2013 due to ill-health. When he went to claim, he was put on Contribution based ESA where he was given £71.70 a week. A few weeks ago he received a letter to say that after July 2014 he would receive £0.00. When he phoned to querry this, he was told that he won't get anything further as I earn too much. He also then found out that he should have been referred for a medical (we didn't know anything about work-related activity or support until i googled it today) so was given one last week (which i presume they will write to us with results). My questions are should his amount have increased after 13 weeks to £100.15 or £106.50 and if so, can we now claimed a backpayment as he is still on £71.70 a week? Secondly, can they still not give him any benefit even after we get the results of this medical last week (the person at medical didn't mention anything about how he should have gone to one of the 'groups')?

 

I am annoyed that it was only after he phoned to complain about his benefit coming to an end that he was 'referred' for a medical.

[honeybee13]

Hello and welcome to CAG. I'm sorry to hear that you have problems.

 

I expect the forum guys will be along later with advice for you. Please bear with us until they're able to get here.

 

My best, HB

[**Margaret**]

:NickyLou67:

 

Atos Healthcare, the company currently contracted for work capability assessments, are way, way, behind schedule and it's not unusual to wait longer than a year for a 'medical'.

 

Your partner will get the result of his assessment via post, possibly following a provisional result via phone. There's three possible outcomes;

 

Fit for work;

 

Your partner's payments of employment n support will cease from the date of the decision. Dependent on his national insurance record he may be entitled to contribution flavoured jobseekers allowance for six months, if he's well enough to look for work. The 'medical' assesses capability for any work.

 

Limited capability for work;

 

Your partner will be paid employment n support with the work related activity component from the date of the decision until July, £101 ish per week. With arrears of £28 ish per week from week fourteen of the claim. And work focused interviews at the Jobcentre.

 

Limited capability for work related activity;

 

Your partner will be paid employment n support with the support component, £108 ish per week from the date of the decision. With arrears of £34 ish per week from week fourteen of the claim. Employment n support with the support component isn't time limited to one year and there's no work related conditionality.

 

A factsheet about employment n support allowance;

 

http://www.disabilityrightsuk.org/employment-and-support-allowance-overview

 

Best wishes, Margaret.

[NickyLou67]

Ok thanks Margaret, we'll have to wait for 'results' I guess - at least I have info. on backdating in case they don'e 'offer' that!!

[NickyLou67]

We got a decisiong that my partner will be in the Work Related Activituyg group for ESA so the contributions will still stop in July (although we received the backdated pay). As they said I earn too much, he is still being told not entitled to anything but this seems unfair as after bills, we will have £20 a week to live on from my wage. Can he appeal? Is there a time limit? Does anyone know what the criteria is for the work related group as opposed to the Support Group? Is there something else he can claim if an appeal is turned down?