- Posts: 113
× Members
Victory Leaves Bad Taste In Mouth
- Steve Blue
- Topic Author
- Offline
Less More
10 years 9 months ago #123553 by Steve Blue
Replied by Steve Blue on topic Victory Leaves Bad Taste In Mouth
But wouldn't it be better to chase for a response now rather than later? (Unless I'm misunderstanding your reply) If we leave unresolved now and my dad is placed within WRAG in 2 years time for example (though unlikely) I would assume it would be harder to resolve then.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51287
10 years 9 months ago #123555 by Gordon
It's entirely up to you, we will support you either way
All I am saying is that the you are clearly getting frustrated by the answers you are getting from the DWP, the argument and the applicable law remains the same whether you address it today or in two years time, if you actually need to deal with it at all.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Victory Leaves Bad Taste In Mouth
Bluebear wrote: But wouldn't it be better to chase for a response now rather than later? (Unless I'm misunderstanding your reply) If we leave unresolved now and my dad is placed within WRAG in 2 years time for example (though unlikely) I would assume it would be harder to resolve then.
It's entirely up to you, we will support you either way

All I am saying is that the you are clearly getting frustrated by the answers you are getting from the DWP, the argument and the applicable law remains the same whether you address it today or in two years time, if you actually need to deal with it at all.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Steve Blue
- Topic Author
- Offline
Less More
- Posts: 113
10 years 7 months ago - 10 years 7 months ago #125040 by Steve Blue
Replied by Steve Blue on topic Victory Leaves Bad Taste In Mouth
Hi all -
I've finally received a reply from a Complaints Resolution Manager regarding my query about the days my dad spent in the WRAG being reinstated. I think the reply indicates that the days have been reinstated or at least should have been - though personally I think it could have been made clearer. Please have a look and see if you agree...
Thank you for your email of 27 August regarding your father, ****** ****** and his Employment and Support Allowance (ESA) claim. Please accept my apologies for not replying to you sooner as we have been experiencing a high volume of work.
I’m sorry to hear that you have received conflicting information in relation to your query about whether the days your father served in the ESA WRAG would be reinstated. Our guidance clearly states that where ESA(C) WRAG is in payment during an appeal:
54. If the claimant is placed in the Support Group following the appeal, their entitlement to ESA(C) will not be subject to time-limiting.
55. The time spent in the WRAG whilst awaiting the appeal outcome will not be counted towards the 365 day time limit.
I hope this provides the clarification you are seeking. If you do have any further questions, please do not hesitate to contact me.
I've finally received a reply from a Complaints Resolution Manager regarding my query about the days my dad spent in the WRAG being reinstated. I think the reply indicates that the days have been reinstated or at least should have been - though personally I think it could have been made clearer. Please have a look and see if you agree...
Thank you for your email of 27 August regarding your father, ****** ****** and his Employment and Support Allowance (ESA) claim. Please accept my apologies for not replying to you sooner as we have been experiencing a high volume of work.
I’m sorry to hear that you have received conflicting information in relation to your query about whether the days your father served in the ESA WRAG would be reinstated. Our guidance clearly states that where ESA(C) WRAG is in payment during an appeal:
54. If the claimant is placed in the Support Group following the appeal, their entitlement to ESA(C) will not be subject to time-limiting.
55. The time spent in the WRAG whilst awaiting the appeal outcome will not be counted towards the 365 day time limit.
I hope this provides the clarification you are seeking. If you do have any further questions, please do not hesitate to contact me.
Last edit: 10 years 7 months ago by Gordon.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51287
10 years 7 months ago #125044 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Victory Leaves Bad Taste In Mouth
Hi BB
You have to wonder if the DWP send their staff on courses on how to write misleading letters
I think the paragraph labelled "55" is the key one as it confirms that the time spent waiting for the appeal will not count towards the 365 days if the claimant is placed in the Support Group.
Given the problems you have had with this area I would take copies of the letter and put each one in a very safe (but different) place.
Gordon
You have to wonder if the DWP send their staff on courses on how to write misleading letters

I think the paragraph labelled "55" is the key one as it confirms that the time spent waiting for the appeal will not count towards the 365 days if the claimant is placed in the Support Group.
Given the problems you have had with this area I would take copies of the letter and put each one in a very safe (but different) place.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Steve Blue
Please Log in or Create an account to join the conversation.
- Steve Blue
- Topic Author
- Offline
Less More
- Posts: 113
10 years 7 months ago #125050 by Steve Blue
Replied by Steve Blue on topic Victory Leaves Bad Taste In Mouth
The Complaints Resolution Manager did state "If you do have any further questions, please do not hesitate to contact me." I am tempted to reply to the email thanking them for their swift reply and politely ask them just to clarify that the days have been reinstated
I probably won't. We'll likely just keep the email and hope this matter doesn't rear its ugly head again in the future.
I know this may seem like overkill, but it's very frustrating when you spend months waiting for resolution amidst very stressful times, and finally, even after the courts prove that you were right all along, you still don't appear to receive a conclusive response from the DWP

I know this may seem like overkill, but it's very frustrating when you spend months waiting for resolution amidst very stressful times, and finally, even after the courts prove that you were right all along, you still don't appear to receive a conclusive response from the DWP

Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51287
10 years 7 months ago #125057 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Victory Leaves Bad Taste In Mouth
BB
Hopefully your father will not need the letter and will now be left alone until he reaches State Retirement Age.
Gordon
Hopefully your father will not need the letter and will now be left alone until he reaches State Retirement Age.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Steve Blue
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David