My son went for a medical yesterday his second this year, his contribution based ESA runs out 15th September, conveniently, if he is kicked off can he appeal? How can he switch to income based ESA and can he do that before any tribunal? If not he has literally nothing to live off. I am worried sick as he has mental health problems and this is just making it worse.


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8 Replies

  • You have absolutely no right of appeal to the contribution based ESA finishing - it is now law that you can only get it for 365 days if you are in the work related activity group (this does not apply to claimants in the support group).

    Ask the DWP to assess your son for the means-tested ESA now. You do not have to wait until his cb-ESA finishes, do it now so that they can try and get his payments processed in good time. There might be a little bit of a gap, as it does come from a different 'pot' of money. They may already have his financial information, so they may be able to seamlessly transfer him - but I wouldn't bank on it!

    PS I am not saying that your son is definitely entitled to any means-tested benefit - I don't know his circumstances and this will depend on any savings and other income.

  • Hi , it may not help but he will probably be entitled to job seekers allowance contributions element for 6 months. This can occur as soon as the ESA finishes as I have just started on the jsa. This is in case you can't get ESA on income related needs. There is also DLA too. Good luck, hope you are successful.

  • Go and bang on the door of your local MP. There is always help if you have the right person behind you.

  • Thank you for your replies, my son does actually have a job which means he will not be actively seeking employment so won't qualify for JSA. Does anyone know if they have to give you notice if you are being kicked off ESA (C). As far as I can tell his ESA (C) started on 15th September 2011 some things I have read say some people are automatically moved from ESA (C) to ESA (IR) and some have to apply for it. As yet he has not been advised. He suffers from horrendous anxiety and depression and whilst at his medical yesterday we handed them a letter his consultant psychiatrist had written stating that he was unfit for work and would be for the next at least 3-4 months. As you can imagine this has made it 10 times worse and I am now also feeling anxious and depressed.

  • Hi,

    I was advised my ESA (C) would run out a few weeks before, they seemed very on the ball when it came to stopping it on time unlike the length of time they took to actually sort out my claim in the beginning. It explained that I can appeal but then stated if I had a partner earning more than 24 hours a week then I would probably not qualify for ESA (income related). I'm not fit for work at the moment but it's so tiring to try to 'fight the system' so I am applying for JSA on the premise that as I have finished ESA(C) the governent are in effect telling me I'm fit for work when I'm clearly not. This will however give me a further 6 months to see how the illness is progressing. I wish your son well, it is all so frustrating.

  • I strongly suggest you go for the help and answers you need here:

    The org is run by a barrister with an expert understanding of the present benefits system. Good luck!

  • Thank you for your replys. As you say mstr it is so tiring fighting these people. If it wasn't for me he would definately not be able to fight this on his own as you do need to have your wits about you and as they are dealing with ill people they are getting away with it. At least you can claim JSA for the next six months but what really worries me about this situation is what happens after that. My son doesn't have a partner so he has no-one to fall back on except me and I live on a small pension so can't help him that much. Tigerlily4 I have just looked at that site and it looks like a wealth of information. Thank you.

  • If you're not happy with their decision you can always appeal. I would suggest going to your local Citizens Advice Bureau who may be able to help you, or refer you to an organisation who can. I would also suggest that if you do, to send with it a copy of every hospital letter regarding your sons illness to help back up your claim.

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