ESA letter not clear

I am hoping you can explain my ESA query please.
My 22-year-old son has been claiming ESA since July 2013. He completed and returned an ESA50 form in August 2013. Since then he has been sending in 'fit notes' from the GP saying he is unable to work. He has not been called for a medical. He has not received a letter saying he is in the support group or the WRAG. A letter arrived in today's post which says;-
Your claim for employment and support allowance changes in social security benefits.
From 7 April 2014 the rates of Social Security benefits will change stop from 10 April 2014 your employment and support allowance will be £57.35 a week.
This is because of: a change in the rates of Social Security benefits.
You are not getting any more income related employment and support allowance. (He never has received income related ESA)
We cannot pay you income related employment and support allowance because you have much more money coming in than the law says you need to live on.
We cannot pay you employment and support allowance from 28 July 2014.
This is because you will have reached the maximum of 365 days that you get contribution-based employment and support allowance.
My question is have they done a paper assessment and placed him in the WRAG but failed to inform him of this? My understanding is if he was in the support group there is not a 365 day limit to payments, which is why I am querying if he has been placed in the WRAG.
Also I thought I had read somewhere that after he had been assessed if placed in the WRAG the money would rise from the assessment rate which he has been receiving, approximately £50 something a week to about £70 a week or have I got this wrong? I know the support rate is a few pound extra.
Thank you for your help with this enquiry.

Hi Twink,

I'm afraid that communications from DWP are not known for their clarity! It's not unusual for claimants to read the whole letter carefully and still have no idea what is happening.

From what you have said it sounds as if the letter is doing 2 things - notifying your son of the rate of benefit after the April uplift and also notifying him of the 365 day time-limit for those not in the Support Group. I don't think it sounds as if your son has been awarded main-phase ESA as the rate would be higher. The assessment rate is also subject to the 365 day limit.

Thank you Mrs Hurtyback. Just to clarify, he still has to wait for them to make a decision?

twink wrote: Thank you Mrs Hurtyback. Just to clarify, he still has to wait for them to make a decision?

It sounds like it. The only way to be sure is to phone DWP and ask.

Hi T,

As MHB says, this looks very much like the annual benefit uprating letters that are sent out to all benefits recipients.

From what you have written, it looks very much like your son has not yet been assessed and placed in either of the groups of ESA. (WRAG or SG)

The figure that you quote : "£57.35"

is the uprated amount of ESA personal allowance for a single under 25 as from 07/04/14.

This is rising from £56.80/week.

"We cannot pay you employment and support allowance from 28 July 2014.

This is because you will have reached the maximum of 365 days that you get contribution-based employment and support allowance."

The extract above would lead me to believe that your son is in receipt of Contribution Based (CB) ESA, and as this is case he is only entitled to payment of this for 365 days. (unless in The SG)

This would tie in with the fact that you say that he started his ESA claim in July 2013.

(July 2013 to July 2014 = 365 days)

See also : 12 Month Limit for ESA(CB)

The fact that he returned his ESA50 in August 2013, and has still not received an assessment is disgusting.

Unfortunately, he is not alone, see our News Story on this issue.

You could make a complaint to his M.P. :

Contacting your MP

See also : Where to get advice

Rates for WRAG (WRA Component) from 07/04/14 = £28.75.

Rates for SG (Support Component) from 07/04/14 = £35.75.

If assessed successfully, he would receive one or other of these components on top of his personal allowance.

Payment of either component should be backdated to the start of week 14 of his ESA claim.

If/when his CB ESA runs out, he may be entitled to Income Related (IR) ESA, he will need to fill in an ESA3 Financial Assessment Form :

24 hour work rule for ESA(IR)

Asset rule for ESA(IR)

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