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

the rosy days are over

SocSec
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welfare benefits/citizens advice//ashfield

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I have had a batch of ESA appeals listed after a a few weeks, some within around a month of appeal, what is going on thinks me, then I note that they are all contribution based ESA appeals.  someone has realised that there are thousands of folk on C/ESA geting £73 per week for 10 months as a nice little bonus, and the plug has been pulled. I guess it was too good to last.

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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I don’t understand SocSec. What do you mean?

SocSec
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welfare benefits/citizens advice//ashfield

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Total Posts: 277

Joined: 11 July 2013

claimants of contribution based ESA get the £73per week for the duration of the appeal, it would stop at day on eif they did not appeal or if therapepal was heard and failed at that time.

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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So you mean new claimants who are still in the assessment phase until their appeal is heard?

Someone would have needed to make urgent cases applications on all of them, and if CTS were expediting appeals on purely fiduciary grounds I’d be screaming from the hilltops.

Peter Turville
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Welfare rights worker - Oxford Community Work Agency

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SocSec - 13 February 2014 01:20 PM

claimants of contribution based ESA get the £73per week for the duration of the appeal, it would stop at day on eif they did not appeal or if therapepal was heard and failed at that time.

The 365 day rule (subject to any period in the support group) for payment of ESA(C) in Welfare Reform Act 2007 s1A still applies. The ‘concession’ in ESA Reg 30(3) to treat someone as still having ‘limited capability for work’ pending a hearing and thus eligible for payment at the ‘assessment phase’ rate does not extend the 365 days. It is probable in many cases that the 365 days will expire before a case gets to a hearing. Of course some clients may then be eligible for ESA(IB).