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Can ESA Support be Changed to WRAG or JSA?
- Jasper13
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11 years 4 months ago - 11 years 4 months ago #119533 by Jasper13
Can ESA Support be Changed to WRAG or JSA? was created by Jasper13
I don't know if this has been mentioned on the forum, but I would like to know if someone who is receiving ESA in the Support Group category could be changed to ESA WRAG or even Job Seekers?
I know nothing is permanent in this world, but when completely relying on benefits from the state I worry all the time about my current benefit being changed as it has happened before and I could not cope.
I know nothing is permanent in this world, but when completely relying on benefits from the state I worry all the time about my current benefit being changed as it has happened before and I could not cope.
Last edit: 11 years 4 months ago by Gordon.
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11 years 4 months ago #119536 by Gordon
If nothing changes, such as your health or the ESA Descriptors then there should be no reason why you would receive a lower award and most certainly the DWP would have to justify their Decision for doing so.
This does not mean that they could not make such a Decision but you would be able to challenge it if they did.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Can ESA Support be Changed to WRAG or JSA?
Jasper13 wrote: I don't know if this has been mentioned on the forum, but I would like to know if someone who is receiving ESA in the Support Group category could be changed to ESA WRAG or even Job Seekers?
I know nothing is permanent in this world, but when completely relying on benefits from the state I worry all the time about my current benefit being changed as it has happened before and I could not cope.
If nothing changes, such as your health or the ESA Descriptors then there should be no reason why you would receive a lower award and most certainly the DWP would have to justify their Decision for doing so.
This does not mean that they could not make such a Decision but you would be able to challenge it if they did.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- Bearer
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11 years 4 months ago - 11 years 4 months ago #119574 by Bearer
Replied by Bearer on topic Can ESA Support be Changed to WRAG or JSA?
Could this happen, when there has been no change in circumstances, without the claimant having received a new ESA50 to fill in, and going through the whole WCAssessment again?
Last edit: 11 years 4 months ago by Gordon.
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11 years 4 months ago #119577 by Gordon
Whilst it is technical possible for a new Decision to be made on an ESA claim without an ESA50 being issued or an assessment being carried out, the circumstances under which this can happen are extremely limited and I cannot see how a Decision Maker would be able to justify reducing an award without the claimant at the very least completing an ESA50.
A fit for Work Decision cannot be made without the claimant attending a face to face assessment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Can ESA Support be Changed to WRAG or JSA?
Bearer wrote: Could this happen, when there has been no change in circumstances, without the claimant having received a new ESA50 to fill in, and going through the whole WCAssessment again?
Whilst it is technical possible for a new Decision to be made on an ESA claim without an ESA50 being issued or an assessment being carried out, the circumstances under which this can happen are extremely limited and I cannot see how a Decision Maker would be able to justify reducing an award without the claimant at the very least completing an ESA50.
A fit for Work Decision cannot be made without the claimant attending a face to face assessment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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