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

ESA CBESA time limiting query

benefitsadviser
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Sunderland West Advice Project

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Total Posts: 1003

Joined: 22 June 2010

Sorry if this is obvious but im hitting my head against a brick wall with our friends at the DWP.

Its about what happens after CBESA runs out.

My clients ESA stopped in May, his wife earns £110 a week so therefore IRESA top up of £52 a week claimable (inc disregard), which also triggers mortgage help + CTR.

Normal procedure in my experience is that the client gets an ESA3 after 365 days and the claim is converted to IRESA, with the work related component in place in couple applicable amount (£113.70 + £28.75)

My client never got ESA3 , and when we tried to sort they said that a brand new claim has to be made, and it starts at £113 assessment rate, even though i repeatedly told them that the department already acknowledged under law that he has LCFW.
His LCFW status is not ignored just because his conts have run out yet they refuse to send ESA3 and insist its a new claim at assessment rate.

Its like talking to myself sometimes…......

If they dont back down i can see an MR coming (even though its totally unnecessary)

Any opinions??

Neil
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Debt & Benefits, Aster Communities

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Joined: 7 November 2013

I say this a lot , engage your MP it works better than a plummer and his plunger in clearing blockages.

Edmund Shepherd
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Tenancy Income, Royal Borough of Greenwich, London

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Joined: 4 December 2013

Complaint?

Tom B (WRAMAS)
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WRAMAS - Bristol City Council

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Joined: 7 January 2013

https://www.whatdotheyknow.com/request/136119/response/331800/attach/3/ESA3 1012.pdf

I’d print off ESA3 ^ and just send it in with a cover letter / complaint detailing the incorrect advice being given (+ requesting compensation if there has been financial disadvantage)