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ESA50 (No. 2)
- DaPa
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10 years 5 months ago - 10 years 5 months ago #113207 by DaPa
ESA50 (No. 2) was created by DaPa
Was placed in the Support Group 12 months ago and just received my ESA50.
My question is on this occasion, if I was put in the WRAG Group and I appealed would I continue to receive my current amount of payments whilst appeal is being heard?
or
Is there another rate the put you on?
WD
My question is on this occasion, if I was put in the WRAG Group and I appealed would I continue to receive my current amount of payments whilst appeal is being heard?
or
Is there another rate the put you on?
WD
Last edit: 10 years 5 months ago by Gordon.
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10 years 5 months ago - 10 years 5 months ago #113210 by Gordon
You will continue to receive the WRAG rate, subject to the time limiting of ESA(CB), if applicable.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA50 (No. 2)
WeDesign wrote: Was placed in the Support Group 12 months ago and just received my ESA50.
My question is on this occasion, if I was put in the WRAG Group and I appealed would I continue to receive my current amount of payments whilst appeal is being heard?
or
Is there another rate the put you on?
WD
You will continue to receive the WRAG rate, subject to the time limiting of ESA(CB), if applicable.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 5 months ago by Gordon.
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- DaPa
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10 years 5 months ago - 10 years 5 months ago #113214 by DaPa
Replied by DaPa on topic ESA50 (No. 2)
Where you say applicable you are referring to any other incomes or assets within the household?
I live alone so not applicable I guess.
If I win the appeal does my payments get put back up to what I was receiving prior to the decision to put me in the WRAG?
WD
I live alone so not applicable I guess.
If I win the appeal does my payments get put back up to what I was receiving prior to the decision to put me in the WRAG?
WD
Last edit: 10 years 5 months ago by .
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10 years 5 months ago #113225 by
Hi WD,
I think what Gordon means that if you were entitled to CB ESA only, you would only be entitled to 365 days payment of this, if you were not placed into The SG once more :
12 Month Limit for ESA(CB)
If this was the case, after exhausting your 365 days payment, you would be assessed to see whether you were entitled to IR ESA :
If you live alone, and have no other form of household income, and can pass the means test with respect to capital, assets and savings, then the likely hood is that you would be entitled to IR ESA.
Asset rule for ESA(IR)
If you successfully appealed a WRAG award to gain access to The SG, The SG award would be back dated to the time of the adverse WRAG award. Therefore, it would be as if you had never been in The WRAG.
bro58
Replied by on topic ESA50 (No. 2)
WeDesign wrote: Where you say applicable you are referring to any other incomes or assets within the household?
I live alone so not applicable I guess.
If I win the appeal does my payments get put back up to what I was receiving prior to the decision to put me in the WRAG?
WD
Hi WD,
I think what Gordon means that if you were entitled to CB ESA only, you would only be entitled to 365 days payment of this, if you were not placed into The SG once more :
12 Month Limit for ESA(CB)
If this was the case, after exhausting your 365 days payment, you would be assessed to see whether you were entitled to IR ESA :
If you live alone, and have no other form of household income, and can pass the means test with respect to capital, assets and savings, then the likely hood is that you would be entitled to IR ESA.
Asset rule for ESA(IR)
If you successfully appealed a WRAG award to gain access to The SG, The SG award would be back dated to the time of the adverse WRAG award. Therefore, it would be as if you had never been in The WRAG.
bro58
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10 years 5 months ago - 10 years 5 months ago #113231 by DaPa
Replied by DaPa on topic ESA50 (No. 2)
Thank You.
Having been placed in the Support Group after my F2F with regards to my migration from IB to ESA first time around.
I aM curious to know and have read somewhere else the people who were placed in the Support Group have a better chance of getting back into that group.
What are the views / opinion from people more in the know on this forum?
WD
Having been placed in the Support Group after my F2F with regards to my migration from IB to ESA first time around.
I aM curious to know and have read somewhere else the people who were placed in the Support Group have a better chance of getting back into that group.
What are the views / opinion from people more in the know on this forum?
WD
Last edit: 10 years 5 months ago by Gordon.
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10 years 5 months ago #113253 by Gordon
If a claimant, in either group, declares that their condition has remained the same or has deteriorated since the last assessment, then the Decision should justify any Decision that reduces the award, however, there are other factors that can affect this.
First, the DWP stance is that claimants can and do adapt to their conditions lessening the effect that their conditions have on their ability to complete the functional tests.
Secondly, the ESA Descriptors and Regulations were updated in January, in particular, it is no longer possible to score points in the Mental Health section if your conditions are considered to be physical, and vice versa for the Physical section.
Lastly, if you were awarded ESA on basis of one of the two Exceptional Circumstances Regulations (29 and 25), then you need to re-qualify from scratch, as only your condition "today" can be looked at.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA50 (No. 2)
WeDesign wrote: Thank You.
Having been placed in the Support Group after my F2F with regards to my migration from IB to ESA first time around.
I aM curious to know and have read somewhere else the people who were placed in the Support Group have a better chance of getting back into that group.
What are the views / opinion from people more in the know on this forum?
WD
If a claimant, in either group, declares that their condition has remained the same or has deteriorated since the last assessment, then the Decision should justify any Decision that reduces the award, however, there are other factors that can affect this.
First, the DWP stance is that claimants can and do adapt to their conditions lessening the effect that their conditions have on their ability to complete the functional tests.
Secondly, the ESA Descriptors and Regulations were updated in January, in particular, it is no longer possible to score points in the Mental Health section if your conditions are considered to be physical, and vice versa for the Physical section.
Lastly, if you were awarded ESA on basis of one of the two Exceptional Circumstances Regulations (29 and 25), then you need to re-qualify from scratch, as only your condition "today" can be looked at.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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