Victory Leaves Bad Taste In Mouth

BB

As your father was placed in the Support Group he is entitled to back payments for the difference between the two groups, about £6/week, and the 365 days he spent in the WRAG is no longer counted as he is no longer considered to have been in the WRAG.

It sounds like the DWP have not received the Tribunal Notice or just as likely, the person you were talking to didn't know what they were talking about. I would contact them again and ask specifically what is happening with the Tribunal Decision, it may speed things up if you can fax them your copy of the notice.

Gordon

Hi BB

I have to say that I find it deeply disturbing that part of the DWP organisation that should know what it is talking about, clearly do not!

The Welfare Reform Act 2012 restricted payment of Contribution Based ESA for claimants not in the Support Group to 365 days, those who are in the SG are not restricted nor does the time they spend in the SG count against the 365 days in any way.

Based on your posts.

Whilst your father did originally spend 365 days in the WRAG (e.g. not in the SG) following his transfer from IB, the latest Tribunal Decision replaced the original transfer Decision with a new one, placing him in the Support Group from when he was transferred from IB. As the Decision is replaced, it means that the time he spent in the WRAG is now considered as being time in the SG.

He has therefore not spent anytime in the WRAG, or to be more accurate, out of the SG and is therefore entitled to the full 365 days of ESA(CB) payments should he ever be moved out of the SG.

In case it was not clear from previous post, he should be entitled to back payments of the difference between the WRAG and the SG for the 365 days and the full SG rate for the period from day 366 until the date of the re-assessment Decision that placed him in the SG.

I can point you at the relevant legislation and DWP guidance, but if they do not understand the regulations after 2 1/2 years of operation I have to wonder whether it would make any difference

Gordon

Bluebear wrote: I did say I'd get further advice, and get back to them if need be. It makes it difficult as they did not email me or write back, so remembering their response is difficult (especially when it didn't quite make sense). The way you worded your reply made complete sense, but for some reason the DWP are just not having it. I'll write back again, but unsure what reception it will get or where to turn next if the request falls on deaf ears again.

Many thanks.

One comment, this is only important if your father is placed back in the WRAG and this can only happen if he is re-assessed which may not happen. The fact that he is still entitled to 365 days of ESA(CB) payments remains the case whether they say it now or at some time in the future.

Gordon