Esa contribution based paid for a year. Now t... - Pain Concern

Pain Concern

38,257 members11,768 posts

Esa contribution based paid for a year. Now tribunal has put me in wrag group. But esa finished in September 15?? What happens??

Sallyk42 profile image
25 Replies

Hello. Tribunal today and yes I won so thankyou to you all for your support!!

Problem. I was on contribution based esa and that finished in Sept 15 nothing since then. The judge has asked that I am not reassessed for another 12 months. I received 21 points split over 3 categories.

Looking now it looks as if I will receive nothing?? Twelve months esa was up last year and have received no money since last Sept??

Help??

Written by
Sallyk42 profile image
Sallyk42
To view profiles and participate in discussions please or .
25 Replies
grace111 profile image
grace111

its all so unfair. i dont have to worry about this as im a pensioner but i saw a programme on tv about people doing assesments for this and they were doing the assesments before they even saw the people as they were getting paid so much for this, i even saw in the newspaper about a man who had quarter of his head missing and he was refused it as well, its unbelievable and very unfair.i have a male freind who is 58 and has tourettes syndrom and he got a letter from the doctor saying he was to ill to work and also it said if they sent him to work it would make him worse. now you cant get a better letter than that.as your covered both ways, but still they wanted to sign him up to go to some kind of sessions every so often and then get reviewed in a year again so that means he has to go through all this in a year all over again, i told him to appeal as if the doctor said he cant go to work because of tourretts then he cant go to those group sessions either as its the mixing with people that he cant cope with because of his illness. i really feel for you sally the people on this forum are ill and in a lot of pain, i wonder what this world is coming to, i hope you get your money and you do know that if you accept this decision your going to have to go through it all over again next year. good luck im sorry i cant be of more help but i just wanted to give you my sympathies as i know what its like for my friend who's tourrets is even worse now because of the stress.

Sallyk42 profile image
Sallyk42 in reply to grace111

It's like hell for all of us. I cried and cried because of the verdict, happy tears. Now I've looked and I'm crying sad lol.

Your poor friend that is just so awful. Yrs it does make our illnesses worse. It's heartbreaking. I just think things are Def going to get worse too. They really enjoy all of this. Thankyou for your kind words hun. Means a lot. Xx

RAYJAYC profile image
RAYJAYC

You should get a back pay of the difference between Contribution Based ESA and WRAG from the end of the 'supposed' assessment phase which is 16 weeks I believe?! Then from September 2015 until the end of your new award will be the WRAG amount. You'll get the full amount back payed from September 15 until now and then continue as usual.

Like I say, you SHOULD get it like that. A letter should arrive soon!!

Congratulations and I hope you secretly said "I told you so" to the person at the DWP that made the initial decision!!!

RJC

Sallyk42 profile image
Sallyk42 in reply to RAYJAYC

Oh Ray I wish I had your hope. It's contribution based so only one year. I would so love to think you're right.

Really quite drained with it all. App it's the 365 rule.

Still it adds up to around a 1000 so obviously that's better than nothing. Thanks hun for trying to help xx

RAYJAYC profile image
RAYJAYC in reply to Sallyk42

But now surely you go over to income related ESA from the end of your contribution based which finished in September; albeit they ballzed up and didn't get you assessed in time; so technically it's a backdated award of WRAG to the end of your contributions based in September? They should pay that difference and then pay you as normal.

I know contribution based can only be paid for 52 weeks but through no fault of yours the time has elapsed.

At least you'll get WRAG from now on for a year - that's something that were facing being without!

RJC

RAYJAYC profile image
RAYJAYC in reply to Sallyk42

Without insulting your intelligence, you are aware that everyone who claims ESA starts on contribution based which is only supposed to last 365 days as they should sort out within that 12 months which group you then go into?

Support Group, WRAG or if found fit to work, Job Seekers Allowance?

Your post seemed to relay that you believe you only get a year's worth of sickness/disability benefits........

Like I've said, the fact that they didn't get their act together to get your assessment done within that 12 months is their fault. In normal circumstances you would've changed over to income related ESA or JSA as soon as a decision was made.

It's very bad on their part that they left you without any income after September; let's hope that you get some back pay - be a nice bonus hey?!

RJC

(I've probably told you everything you already know, sorry if I have but there's a lot of confusion about ESA and I don't like to assume that people know what's what. 😊)

Sallyk42 profile image
Sallyk42 in reply to RAYJAYC

Hi Ray, you are nit insulting my intelligence as tbh I honestly didn't know that everyone starts on contribution. What you said amazed me but so makes sense. The only problem is up until April my hub was working now retired. So I thought we earned too much , his wages were quite high. He's 15 yrs older by the way.

You wrote this and it gave me hope. Nut whatever happens I've decided to put in a complaint. Because it was so long and in reality if I'm not entitled I could of waited 3 months and just claimed again. It is there fault and they should if got there act together. Everytime I rang to push assessment they said I'd been waiting too long. Xx

RAYJAYC profile image
RAYJAYC in reply to Sallyk42

They call it 'contribution based' but it's a bit of a misleading name as anyone can claim it whether they've contributed or not!

Regarding your husband's money; if you have a joint account your name will be attributed to having 'capital' - if you have over £6,000 then £1 is deducted from every £250 of your ESA payment. (They'll know if you have this income or capital through the tax system so they don'trely on you being honest and telling them you've got over 6k!)

The maximum amount of money you can have to your name is £16,000; at this point you don't qualify for ESA at all UNLESS you've worked and paid enough tax and NI - they then use a very complicated calculation as to whether you qualify for some ESA.

Once they know you've got over £6,000 they'll ask to see bank statements to see how much to deduct or when to stop paying you. You can't suddenly transfer money to someone else to get you under the 6 or 16k so you can tell them you don't have any money as they'll askyou what you spent it on and will ask for receipts!! I imagine some people have tried it and said "I needed to buy a new washing machine, fridge, freezer,bed" etc without actually doing so thinking the DWP will believe them!!

The 'income related' ESA has a descriptive name; simple - we base your ESA on your income! They confuse it so by calling the initial one 'contribution based' - it would be easier to call it 'assessment phase' ESA wouldn't it??

So, I hope I've explained it ok (the figures may be a little out) and that you get some money soon.

Sorry for such a long post......

RJC

Sallyk42 profile image
Sallyk42 in reply to RAYJAYC

Hi Ray, I have overdraft of 1420 and at this moment have 36.50 available and yes joint account. so no worries about capital. Whatever savings we had have gone since my not being able to earn.

Please don't worry about how long the post is I really thankyou for using your time to help me. X

RAYJAYC profile image
RAYJAYC in reply to Sallyk42

Let me correct something; when you're on income related ESA, if you have over £6,000 to your name, for every £250 over that, they take £1 off your fortnightly ESA payment.

I got it round the wrong way in my post!

Well, as you're pretty much 'skint'like the rest of us it seems you should get your full income related ESA amount!!

If you get the care component of PIP at either rate, you will also get 'severe disability payment' on top of you ESA amount. Why they make the payments individual with different titles I've no idea but I got the surprise letter after my PIP award! It's different to the severe disability premium' that bumps up your ESA rate though so you need to keep track!

Also, as you're now on income related ESA you qualify for money off your fuel bills. You need to contact your provider and tell them you're now on that benefit and if they're part of the scheme, they'll send you a claim form. They in turn double check with the DWP and then credit your bill with the current rate. It's first come, first served though so as soon as you get confirmation of your benefit, call your fuel provider!!! Last year the rate was £135 which is a massive help for the winter.

I think it's called 'Warm Home Discount' - it's not the same as one as people over 65 get so don't be getting it confused with that!!

RJC

Sallyk42 profile image
Sallyk42 in reply to RAYJAYC

Thankyou again Ray!! I had to laugh at the skint bit though as I can't imagine anyone would be rich being on benefits. I did try the warm home discount but apparently utilita has got enough on benefits so no joy there. I hope to receive something in writing soon as it's hard not knowing what I get an when. It will no doubt affect all the benefit we get now like pension credit and housing etc. Live in hope!! X

Sallyk42 profile image
Sallyk42 in reply to RAYJAYC

Hi Ray, thought I'd update. Got back pay today £1148 so 39 weeks wrag component. All because I didn't say my husband dropped me at door. Lol. They got away with a small amount. Thanks for helping but you do only get the one year in wrag unless your on income based. Xx

RAYJAYC profile image
RAYJAYC in reply to Sallyk42

But I don't understand why you haven't swapped over to income based now your assessment has been finalised??

I know you can only get contribution based for a year but they HAVE to now decide income based ESA wrag or support OR Job Seekers BUT your tribunal dictated that you get ESA for whatever amount it awarded so you should get fortnightly payments.

Arrrggg; this bloomin' benefits system is so complicated - I want to 'shake them all up' and tell 'em to sort themselves out!!!

Hope you get somewhere soon; thanks for remembering me 😊

RJC

Sallyk42 profile image
Sallyk42 in reply to RAYJAYC

Ray thankyou for support. Tbh I've had letters since tribunal saying your esa is 0 as there was a change on feb16 as my esa finished Sept 15 I really have not got a clue. I can do a mandatory rec if I want. but haven't a clue what on?? I'm just going to forget it all. I am so confused but can't see it getting clearer. There will be lots like me too. Thankyou again for all you did xx

RAYJAYC profile image
RAYJAYC in reply to Sallyk42

Make sure you get yourself down to your local job centre and tell them that you need to apply for Job Seekers Allowance as your only income is PIP now!! They'll then look further into it for you; take everything ESA related with you just so they look over it!

No matter what's going on you need an income of some sort, just as every other person!!

Good Luck 😊

RJC

Sallyk42 profile image
Sallyk42 in reply to RAYJAYC

Thanks hun and I will but can't think it will get me anywhere! Thanks again. X

Sallyk42 profile image
Sallyk42

Oh and I did do a bit more than I told you so!! But then I got home and realize they did get the last laugh!! X

stix profile image
stix

well done Sally

Sallyk42 profile image
Sallyk42 in reply to stix

Got 39 weeks wrag component so £1148 lol. Only pay a year. Oh well onwards! X

Bevvy profile image
Bevvy

I don't know much about unemployment benefits, but can't believe you would be left with NO money to live on? Why don't you contact CAB to find out exactly what you should be getting. Also do you get PIP? Might be worth applying for?

Sallyk42 profile image
Sallyk42 in reply to Bevvy

Yes bevvy I get pip so am lucky I had that coming in. There are hundreds like me that don't get paid. It is a sad fact of what our government does to us. Buy the claimants that are fiddling still get it all. X

Sallyk42 profile image
Sallyk42 in reply to Bevvy

Bevvy just got back pay 39 weeks wrag component so was£1147 lol. They really did just pay me the year. X

Bevvy profile image
Bevvy in reply to Sallyk42

I don't understand! What on earth are you meant to live on?!!!

Feel for you. Benefits are crap enough but at least it's some money. As you say there are still plenty of people fiddling the system and they are the ones getting so much money they don't bother to look for work.

Sallyk42 profile image
Sallyk42 in reply to Bevvy

True hun. But I can't go any further so I spose it's a bonus, money I didn't have. Thanks for your support xx

Sallyk42 profile image
Sallyk42

Hi lovely people, recieved a letter yest saying money that was paid was arrears!! I haven't been paid anything! Also that from 6/02/16 I will not receive anything as my year is up but my year was up Sept 15. A tad confused!

It was 3 weeks ago on Tues I had tribunal and this is the first communication from them. I also got letter to say sick note has run out. And another forappointment with work asseccorn. Any ideas xx

You may also like...

PiP and ESA. What happens?

My situation is that I was receiving 'contribution only' ESA (until Sept 2016) and I have now been...

Dept work and pensions and atos

national insurance contributions to receive ESA, bearing in mind that I have been nursing since...

Bursitis & numbness in thigh

Last year in early Sept I had bursitis in my hip, it was very painful, I was put on antibiotics, it...

Amitriptilyne withdrawal

I have been on amitriptilyne since end of May gradually stepping up from 10 - 40 mg. I have found I...

Alternatives to gabapentin

Hi. I've just joined. I had a stroke in sept 2019 and since then have been struggling with terrible...