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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

ESA Time Limiting fact sheet

Al Franco
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Tameside MBC Welfare Rights Service

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Total Posts: 16

Joined: 16 July 2010

The DWP have published a factsheet on the proposal to time limit claims to contributory ESA (copy attached).  The detail is even more draconian than was originally anticipated

In summary: 
•  new claims - from April 2012, a time limit of 1 year is to apply to all contributory ESA claims who are placed in the WRAG;
•  existing claims - people in the WRAG already receiving contributory ESA as at April 2012 will have the period of time already spent on that benefit before April 2012 taken into account in calculating the 1 year period - for example, someone claiming contributory ESA on 1st January 2012 will have received 3 months benefit by April and will be entitled (subject to other conditions of entitlement being met) to a further 9 months benefit; 
•  the 13 week assessment phase will form part of the calculation of the 1 year period;
•  those who have already received a year or more contributory ESA as at April 2012, their entitlement will cease immediately;
•  those who are in receipt of Incapacity Benefit who are reassessed and qualify for ESA (C) before April 2012 will have their benefit time limited – with the 12 months period running from the point of conversion; and
•  those who are in receipt of Incapacity Benefit and are reassessed and qualify for ESA (C) after April 2012 - will also receive 12 months ESA(C) from the point of conversion.


NB those in receipt of income-related ESA and all those in the Support Group are unaffected by this change.

[ Edited: 2 Dec 2010 at 11:26 am by Al Franco ]

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