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Reducing ESA Money and in WRAG
- bro58
10 years 3 weeks ago - 10 years 3 weeks ago #119719 by bro58
Hi cm,
It is hard to give any meaningful advice without the reasons for the deduction.
Some possible reasons for this deduction may be :
Part of a sanction as uncle has failed to comply with attendance of a Work Focussed Interwiew (WFI) or some other Work Related Activity. (WRA) ?
Work Focused Interviews
TheWork Programme
Changes to ESA Sanctions
If he was entitled to CB ESA only in The WRAG, as he may have been if previously in receipt of IB, has his 365 days entitlement been exhausted ? :
12 Month Limit for ESA(CB)
What will I be transferred to?
Has he lost some form of Transitional Protection that he was in receipt of on being successfully transferred over to ESA ? :
What will I be paid?
If he was entitled to IR ESA in The WRAG has there been a change in his household income/personal circumstances ?
You are entitled to a written explanation of why a deduction has been made.
Has there been some sort of overpayment been made by The DWP ?
In the interim, to protect uncle's right to appeal, it may be prudent to request a Mandatory Reconsideration (MR) of the deduction.
This must be done within one month of the date of the letter informing him of the deduction.
See : Mandatory Reconsiderations Explained
&
Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.
There is also information in our ESA Appeals Guide on this page:
ESA Claims Guides
You could request an MR by letter, where you could also state that you have no idea why this deduction has been made.
Make it clear that you are formally requesting a MANDATORY RECONSIDERATION.
See also : Sending Documents to the DWP or ATOS
&
Where to get advice
Please do keep us updated.
bro58
Replied by bro58 on topic Reducing ESA Money and in WRAG
celticmum wrote: Hi There
He was in WRAG and is still in WRAG but even the Job Centre Plus person said he could not work, he is almost 64 years old and in poor health and as you can imagine the reduction in his money is causing him distress, there has been request for further information etc just a reduction.
Many thansks for your help and support.
Hi cm,
It is hard to give any meaningful advice without the reasons for the deduction.
Some possible reasons for this deduction may be :
Part of a sanction as uncle has failed to comply with attendance of a Work Focussed Interwiew (WFI) or some other Work Related Activity. (WRA) ?
Work Focused Interviews
TheWork Programme
Changes to ESA Sanctions
If he was entitled to CB ESA only in The WRAG, as he may have been if previously in receipt of IB, has his 365 days entitlement been exhausted ? :
12 Month Limit for ESA(CB)
What will I be transferred to?
Has he lost some form of Transitional Protection that he was in receipt of on being successfully transferred over to ESA ? :
What will I be paid?
If he was entitled to IR ESA in The WRAG has there been a change in his household income/personal circumstances ?
You are entitled to a written explanation of why a deduction has been made.
Has there been some sort of overpayment been made by The DWP ?
In the interim, to protect uncle's right to appeal, it may be prudent to request a Mandatory Reconsideration (MR) of the deduction.
This must be done within one month of the date of the letter informing him of the deduction.
See : Mandatory Reconsiderations Explained
&
Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.
There is also information in our ESA Appeals Guide on this page:
ESA Claims Guides
You could request an MR by letter, where you could also state that you have no idea why this deduction has been made.
Make it clear that you are formally requesting a MANDATORY RECONSIDERATION.
See also : Sending Documents to the DWP or ATOS
&
Where to get advice
Please do keep us updated.
bro58
Last edit: 10 years 3 weeks ago by bro58.
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- Bearer
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10 years 3 weeks ago - 10 years 3 weeks ago #119749 by Bearer
Replied by Bearer on topic Reducing ESA Money and in WRAG
Perhaps a welfare rights officer/Citizens Advice bureau would be part of the solution, as uncle has been eligible for Pension Credit since May 2011.
Whether or not he is in receipt of PC alongside ESA (Contribution-based), the fact that he is of PC age means that he cannot be sanctioned, nor obliged to do work-related activity, nor be subject to the benefit cap.
Whether or not he is in receipt of PC alongside ESA (Contribution-based), the fact that he is of PC age means that he cannot be sanctioned, nor obliged to do work-related activity, nor be subject to the benefit cap.
Last edit: 10 years 3 weeks ago by Gordon.
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- Gordon
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10 years 3 weeks ago - 10 years 3 weeks ago #119751 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Reducing ESA Money and in WRAG
Bearer
I am afraid that some of your information is incorrect or at the least, subject to qualification.
You cannot claimESA ESA(IR) and Pension Credit at the same time.
Although the OP's uncle is of an age that he could receive PC as a replacement for his ESA, subject to his personal circumstances, as far as I can see his age does not excuse him from Work Related Activity if he has previously attended, or has been requested to attend a WFI, at this time we do not know whether such a request has been made.
There is no age limit in regard to ESA sanctions, as long as the claimant is required to attend a WFI or participate in WRA they can be sanctioned.
Whilst I agree that their getting advice from a trained advisor is a good idea, until the OP can tell us the cause of their uncle's reduced payment, I think we should be circumspect in offering advice that may not apply or could lead to confusion.
Gordon
I am afraid that some of your information is incorrect or at the least, subject to qualification.
You cannot claim
Although the OP's uncle is of an age that he could receive PC as a replacement for his ESA, subject to his personal circumstances, as far as I can see his age does not excuse him from Work Related Activity if he has previously attended, or has been requested to attend a WFI, at this time we do not know whether such a request has been made.
There is no age limit in regard to ESA sanctions, as long as the claimant is required to attend a WFI or participate in WRA they can be sanctioned.
Whilst I agree that their getting advice from a trained advisor is a good idea, until the OP can tell us the cause of their uncle's reduced payment, I think we should be circumspect in offering advice that may not apply or could lead to confusion.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 3 weeks ago by Gordon.
The following user(s) said Thank You: bro58
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- Bearer
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10 years 3 weeks ago - 10 years 3 weeks ago #119810 by Bearer
Replied by Bearer on topic Reducing ESA Money and in WRAG
Oh dear, so this has changed from the year just ended? I'm afraid I read CPAG's 2013-2014 Welfare Benefits and Tax Credits Handbook-
Chap 28 on Contributory ESA, p. 645,
"If you are getting contributory ESA, you may also be entitled to income-related ESA to top this up or, if you are at least the qualifying age for pension credit (PC), to PC to top this up."
Chap 7 on Pension Credit, p. 116,
"If you are a man aged between the qualifying age for PC and 65, you can choose between claiming ESA and PC [either] or, in some situations, claiming contributory ESA and PC [both]." [my brackets]
Chap 50 on Claimant Responsibilities, p 1081,
"No work-related requirements can be imposed on you if you if you are at least the qualifying age for PC."
and p. 1083, "You do not have to take part in WFI if you are at least the qualifying age for PC." and p. 1087, "You cannot be required to undertake WRA if you are exempt from the requirement to take part in WFI."
Please update me!
Chap 28 on Contributory ESA, p. 645,
"If you are getting contributory ESA, you may also be entitled to income-related ESA to top this up or, if you are at least the qualifying age for pension credit (PC), to PC to top this up."
Chap 7 on Pension Credit, p. 116,
"If you are a man aged between the qualifying age for PC and 65, you can choose between claiming ESA and PC [either] or, in some situations, claiming contributory ESA and PC [both]." [my brackets]
Chap 50 on Claimant Responsibilities, p 1081,
"No work-related requirements can be imposed on you if you if you are at least the qualifying age for PC."
and p. 1083, "You do not have to take part in WFI if you are at least the qualifying age for PC." and p. 1087, "You cannot be required to undertake WRA if you are exempt from the requirement to take part in WFI."
Please update me!
Last edit: 10 years 3 weeks ago by Gordon.
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- Gordon
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10 years 3 weeks ago - 10 years 3 weeks ago #119819 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Reducing ESA Money and in WRAG
Bearer
I use the online version of CPAG so the information is laid out in a different format.
I have amended my previous post to read ESA(IR) instead of ESA.
I am happy to agree that reaching PC age or being deemed to have reached PC age means that any on-going requirement for a claimant to attend WFIs is removed, and I agree that the original intention of the ESA Regs was to remove the requirement for claimants to perform WRA if they no longer had to attend WFIs, however, this is not what the ESA (WRA) Regs say.
So in my view, a claimant who has previously attended a WFI or been invited to do so, can still be required to undertake WRA even though they are now no longer required to attend WFIs.
However, as I said in my previous post, we do not have a proper understanding of the claimants situation, so we need to be careful offering advice that may not be relevant and could cause confusion.
Gordon
I use the online version of CPAG so the information is laid out in a different format.
I have amended my previous post to read ESA(IR) instead of ESA.
I am happy to agree that reaching PC age or being deemed to have reached PC age means that any on-going requirement for a claimant to attend WFIs is removed, and I agree that the original intention of the ESA Regs was to remove the requirement for claimants to perform WRA if they no longer had to attend WFIs, however, this is not what the ESA (WRA) Regs say.
3.2(a) is required to take part in, or has taken part in, one or more work-focused interviews pursuant to regulation 54 of the ESA Regulations;
So in my view, a claimant who has previously attended a WFI or been invited to do so, can still be required to undertake WRA even though they are now no longer required to attend WFIs.
However, as I said in my previous post, we do not have a proper understanding of the claimants situation, so we need to be careful offering advice that may not be relevant and could cause confusion.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 3 weeks ago by Gordon.
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