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Your money and benefits during an ESA reconsideration

This advice applies to Wales

You won't get any ESA payments while you're asking for a mandatory reconsideration if you were told you couldn't get ESA because:

  • you didn't score enough points at your medical
  • you didn't go to your medical
  • you didn't return the ESA50 form

If you're challenging the DWP's decision to put you in the work-related activity group, you'll continue to be paid ESA with the work-related component while you're challenging that decision - but only if your claim was made before 3 April 2017.

If you don't get any ESA payments during the reconsideration, you might be able to get other money to help with your living costs.

If you’ve been sanctioned

Contact the Jobcentre to ask for a ‘hardship payment’ if you need help with essentials like food, clothing and heating.

Claiming other benefits during a reconsideration

You might be able to claim Jobseeker's Allowance (JSA) or Income Support while waiting for a decision on your mandatory reconsideration. Claiming these benefits during a mandatory reconsideration shouldn't affect your ESA reconsideration request. Get help from your nearest Citizens Advice if you're not sure whether to claim other benefits.

Claiming Jobseeker's Allowance

You'll need to meet the usual eligibility rules to claim JSA, for example you'll need to be actively looking for work.

You should tell the Jobcentre that you're able and willing to look for work, otherwise you won't get any JSA.

If your condition or disability means you can only work or look for work a limited number of hours each week, you can try to agree this with the Jobcentre.

If you're a carer or single parent with a child under 5

You could apply for Income Support instead of JSA. This'll normally be better for you if you have caring responsibilities and don't want to look for work or sign on at the Jobcentre every 2 weeks. The money you get for Income Support is the same as JSA.

Claiming Universal Credit

If you live in a full service Universal Credit area, you'll have to claim Universal Credit instead of JSA or Income Support. You should get help from your nearest Citizens Advice before claiming Universal Credit. You could get less money and you won't be able to go back onto ESA. Check whether you're eligible to claim JSA or Universal Credit.

If the DWP decide to give you ESA

Your ESA payments will start from the date the DWP decide you can get ESA.
The DWP should arrange for your ESA payments to start and your JSA or Income Support claim to end, but it's worth contacting the DWP to make sure both these things have happened.

If your JSA or Income Support payments during the reconsideration were less than what you would have got on ESA, you should be paid the extra amount once your ESA payments re-start.

If the DWP doesn't change its decision

If the DWP doesn't change its decision, you can either:

If you appeal, your ESA payments will start again automatically and carry on throughout the appeal if it's the first time the DWP has decided you're fit to work. If you're appealing the decision that you're fit to work because you didn't return the ESA50 form or attend the medical assessment, you won't get any ESA during the appeal.

If you don't get any ESA payments during the appeal, you can continue to claim JSA or Income Support until you get the outcome of your appeal.

You might be able to reclaim ESA while appealing if:

  • your condition has significantly worsened since the DWP made their first decision
  • you have a new condition since the DWP made their first decision
  • the DWP made their first decision more than 6 months ago

If you want to reclaim ESA, get advice from your nearest Citizens Advice.

Extra help you can get

You can:

How Housing Benefit and Council Tax Reduction will be affected

These benefits are paid by your local council, to help with paying your rent and council tax.

You can continue to get these benefits even if your ESA stops. However, if your ESA stops, the DWP will usually tell the council and the council may stop your Housing Benefit or Council Tax Reduction. This is because they may think you’ve got other income now, for example that you may have started a job.

You should get in touch with the council straight away and explain why your ESA has stopped and that you’ve asked for a reconsideration.

Warning
Tell the council about the money you’re living on now. For example, you get help from friends or family or you go to a foodbank. They may need you to send them proof of this, for example your bank statements and a letter explaining your circumstances.

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