Tribunal award or Work Related ESA, so what now

Had assesment Nov 2012 for conversion to ESA from IB, turned down, appealed and finally had tribunal yesterday, 18 points immediately and into the Work Group and a note on the decision to not be reviewed for 24 months.

Do I get back payments for the period not on WRG and what happens as I understood I could only be on that a year, which is more time ago than the benefit change to the lower rates etc?

Confused!

Hi Estarriol,

I am glad to hear that the Tribunal found in your favour, you have certainly had to wait for it!

I assume that you were getting the assessment rate for one year, until it stopped due to time-limiting? If this is the case, you will get backpay of the difference between the assessment rate and the WRAG rate (or the amount you were getting on IB, whichever is the most). If your payments continued as you were entitled to income-realted ESA, you will bet the difference from Nov 2012 to date.

If you are not entitled to income-related ESA, you will not get any payments after Nov 2013 until/unless you are placed in the Support Group as the result of a future reassessment (which will happen periodically, even if you are not getting any money).

You cannot be mandated to undertake Work Related Activities if payments have finished due to time-limiting.

Edited to add - the tribunal can only advise about reassessment, DWP do not have to take any notice of this (sometimes they do, sometimes they don't). If they do go by the advised 24 months until reassessment, they will count from the date of the first decision (ie Nov 2012).