Contributory ESA 365 day limit
Thought I knew this but now not sure!
Client migrated from IB to cb ESA (Support Group), has failed WCA and we are now 8 months into appeal. DWP lost paperwork and she has only just received letter saying she will be paid Assessment phase rate from October 2017 until appeal is heard. Second paragraph of letter says cb will only be paid for 365 days.
I think her ESA will stop after 365 days (as she is no longer in support group) but colleague thinks it will continue until appeal is heard. I hope she is right as we have no chance of a hearing before October
Unfortunately her contributory ESA will stop after 365 days under section 1A of the welfare reform act 2007 (as amended by the welfare reform act 2012) - if she wins the appeal and gets in the support group it will be backdated to cover the missing period
Given the historic issues with migrating people from IB to CBESA with out the IR entitlement being considered - what is stopping her getting IRESA? Partner’s earnings? Capital?
I’ve seen cases with assessment phase ESA where claimant is entitled to the same amount whether on CBESA or IRESA and their claim is treated as a CB one only. Once entitlement to that is exhausted the claim can ‘convert’ to IR only.
Sounds simple but I’ve lost count of the number of times something has been staring me in the face and it’s taken another pair of eyes to notice the obvious solution :/ .