ESA change of circumstances??

[xeno]

I was getting contribution based ESA until end April in the work related group. My last medical form I sent in in December last year but I didn't get a medical and I don't remember receiving a decision letter, but I carried on getting payments. I saw a benefits advisor beginning of this month who said based on my medical history of the last few months I might be eligible for the support group. I phoned up to ask for a reassessment and they sent me a form to appeal against the decision. It asks for the date on the decision letter (that I don't have) and points out that they can only reconsider the original decision and not any recent changes. I phoned up Jobcentre plus and pointed this out and the lady said that I should send the appeal in anyway and if that didn't work I could just make a new application. But if I do that I won't be eligible because the new rules don't allow class 2 NI contributions, and my DH works over 20 hours so I can't get income based. I don't understand why I can't just be reassessed? They didn't have a problem reassessing me in dec! She "helpful" person on the phone said "well you won't be any worse off" (WTF? I am £99 /week down!) and "it's not my job to give advice". Oh, sorry for calling the helpline then, I'll just let you get back to.. Um.. Sorry, what exactly is your job then?
Stupid stupid ODIOTS! It looks like I should have asked to be reassessed before April 30th (3 days before I realised I might be eligible for support group) and that now I have missed that deadline I can't make a new application unless I can magically get better and work full time paying class 1 contributions for 18 months to build up enough contributions to be eligible (as all my class 2 payments are worth jack shit).
What do I do? I've tried looking up the legislation but it is so confusing I can't understand it. I was resigned to loosing the benefit thinking that I would be able to do without it for a short while and then reapply after a time limit if I was still ill. I didn't find out my contributions were "exhausted" until it was too late.

IDIOTS

Oh yes, missed a bit: when I saw benefits advisor (2nd may) he wrote all my recent medical details down and said he would start reassessment process and that i would probably have to fill in another assessment form but there was only a month to do it in. After two weeks of hearing nothing I phoned up Jobcentre and they put on their computer that I was appealing the decision. So the lady I spoke to today said I had to send the appeal in because her computer said that what I was doing! It was only when I read the appeal form today that I realised it is the wrong form

Does anyone out there know anything?? I can't be the only one in this predicament surely?!

I'm sorry you're in this situation, I can't give you much advice however could you go back in and speak to the benefits adviser you saw? I personally always feel its better speaking face to face rather than just over the phone (and they were the person who it sounds like started the whole problem)! Good luck, I hope you get it sorted xxx

Xeno you've been given poor advice by the Jobcentre and as a result you've missed the deadline. You can request a late appeal on form GL24 and explain why you're sending the form late. You must state everything as clearly and succinctly as you can. Do it ASAP.
Failing this, you can write to your Benefits Delivery Office (not your local JC+ as that's only for face to face interviews and no decisions are made there) and report a change in circumstances i.e. that your condition has got worse and you believe you should now be in the support group. You should really back it up with medical evidence (a letter from your GP would be ideal). This request will trigger a reassessment. WARNING: you might lose your ESA altogether. It's also very difficult to be placed in the support group. I strongly advise you to do this only of you have evidence in writing that you fulfil one of the criteria for the support group.
If you're succesful, with option one (late appeal) you'll be backpaid to when the ESA was awarded. With option two( change of circs) you'll be backpaid to when you requested the change.
Termination of existing claim is not an option you should have been given. It's just madness and risks you losing out altogether.
Good luck