Results 1 to 8 of 8

Thread: ESA ending without work capability assessment

  1. #1
    New Member
    Join Date
    Mar 2014
    Posts
    4

    ESA ending without work capability assessment

    My husband was involved in a work accident almost 18 months ago, he is 62.
    He received sickness benefit and then was moved to ESA last May. He's is still receiving the initial assessment contribution payment of of £70 odd pound a week. Today he received a letter informing him that his benefit would end in May but he still hasn't been medically assessed. He has telephoned and written several times but he still hasnt had an appointment for an assessment. We have savings we have been keeping for our retirement in a few years and now it seems we will have to use those.
    If he still isn't assessed before the cutoff date will he forfeit the extra he would have received if he was placed in a work support group.
    Thank you

  2. #2
    Senior Member
    Join Date
    Dec 2013
    Posts
    3,512
    Once your husband reaches 52 weeks on ESA, payments of Contributions Based ESA will stop.


    If he is found Fit for Work following assessment, he will receive no more ESA.

    If he is placed in the Work Related Activity Group following assessment, he will receive the Work Related Activity component backdated to the beginning of the 14th week of the claim. However, he will not receive any Contributions Based ESA payments beyond the 52nd week.

    If he is placed in the Support Group following assessment, he will received the Support component backdated to the beginning of the 14th week of the claim. He will receive Contributions Based ESA on an ongoing basis whilst he is in the Support Group - if payments have stopped after the 52nd week they will be reinstated with retrospective effect.


    Income Related ESA, the means tested version, has no time limits.

  3. #3
    removed
    Guest
    Short answer - No. If he is placed in any group that amount will be backdated.

    I would advise you to phone ATOS to see if they have an update or if they appointments that are short notice. I only mention the short notice as they usually do have appointments that are cancelled but by law are required to give 7 days but if you waive that right you can be seen sooner. That depends if you are able to accompany your husband and/or if he is able to attend at such short notice.

    Flymo answered, whilst I was typing.

  4. #4
    New Member
    Join Date
    Mar 2014
    Posts
    4
    Thank you both for your helpful replies.

  5. #5
    Senior Member
    Join Date
    Dec 2012
    Posts
    2,782
    Your question has nothing to do with which group your husband may be placed in following assessment or the assessment itself.

    You must contact your benefit office on the address on the letter you've received and ask them to send you form ESA3 which will determine whether your husband is entitled to Income Related payment. If so then payment will continue until any decision is made following assessment. I would add, you will not qualify for (IR) if your savings are £16000 or over.

    Provided your husband does not end his claim he will forfeit nothing.

    I would suggest you contact your MP about this situation.
    Last edited by Jard; 27-03-14 at 19:04.

  6. #6
    New Member
    Join Date
    Mar 2014
    Posts
    4
    Just a quick update and request for help please.
    My husband eventually had his assessment in June following the ending of his ESA at assessment level In May. In fact he attended 2 assessments, on arrival at the first he was told it couldn't take place because his paperwork hadn't been sent over!
    He has now been informed he was awarded no points and is fit for work although he is still sending sick notes and has been "let go" by his firm. He was also told that he was not entitled to any backdated payments despite the delay denying him the opportunity to be in the Work Related Activity Group. Or am I barking up the wrong tree?

  7. #7
    Senior Member
    Join Date
    Dec 2013
    Posts
    3,512
    Sending in sick notes and losing employment are not grounds to avoid a Fit for Work finding.

    I guess that the cessation of ESA payments in May was because your husband had reached the 52 weeks limit on Contributions Based ESA payments and either did not claim or was not entitled to Income Related ESA. Only those in the Support Group can be paid Contributions Based ESA beyond 52 weeks - if the assessment had placed your husband in the Support Group, this would have been implemented retrospectively.


    If you intend challenging the Fit for Work decision, all the points you have mentioned are irrelevant. There are a limited number of routes to qualify for ESA laid down in the regulations. The main route is to get at least 15 points on the Schedule 2 descriptors. Another route, though less common, is the "substantial risk" limb of Regulation 29.

    At reconsideration, you need to make the case as to why your husband satisfies the criteria for the award of ESA. There is no point challenging anything in the assessment or surrounding circumstances that does not relate to the arguments for the award of ESA.

    If you are unsure what you are doing, it is best to get advice from a local advice provider, such as a local authority welfare rights project (if you have one) or Citizen's Advice. Unfortunately, the advice providers tend to be busy, which means they might not be able to help within the time allowed for reconsideration. Your husband's reconsideration submission needs to reach DWP within one month of the date on his decision letter.

  8. #8
    New Member
    Join Date
    Mar 2014
    Posts
    4
    Thank you so much for taking the time to reply.

Similar Threads

  1. When does the ATOS Work Capability Assessment contract end?
    By dlresponse in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 0
    Last Post: 21-07-14, 20:46
  2. Replies: 1
    Last Post: 12-04-13, 00:03
  3. Work Capability Assessment – Year 3 call for evidence
    By gbhxu in forum News and general discussion
    Replies: 0
    Last Post: 08-08-12, 20:28
  4. Upcoming Work Capability Assessment?
    By jasmine_ in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 0
    Last Post: 21-06-12, 16:33

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •