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ESA and Group Income Protection
Hi - i have been on long term sick since 2009 with degenerative disc disease. I have a group income protection from my work which pays me 50% of my salary (50% of my salary rolled back to when i started having issues, not the date when i was classed as long term sick in 2009).
In 2009 i was also getting Esa but it was stopped as it was means tested and my partner worked.
Recently ive been speaking with scope as ive applied for PIP - and they mentioned that i should also claim new style esa as it was contribution based and wasnt means tested now, and my group income protection wasnt a factor. I still pay tax and NI contributions from the GIP payment and have done since 2009. I am not doing any work for my employer as i cannot sit or stand for any length of time due to the pain - but they still pay me from the GIP payment.
So i applied for new style esa and had a letter from the dwp saying i cant claim esa due to the occupational or Personal pension i receive. Im very confused if i can claim this benefit or not. I went back to scope and they have again said GIP isnt a factor as its not means tested.
Ive also read other cases on the Internet such as this, which sounds very similar to my case. https://www.benefitsandwork.co.uk/forum/10-dla-esa-queries-results/133629-esa-group-income-protection
Point 10 saying that GIP doesnt meet the description.
Ive also read through the legislation but it seems unclear regarding GIP
DWP have asked for a copy of the GIP policy and a letter from my employer on how this is paid. They have also stated i have a month to appeal this for a mandatory reconsideration.
Could anyone offer any clarity or advise on the situation as im so confused, it would be greatly appreciated.