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Are DWP only paying WRAG component of ESA on reque
- James
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10 years 1 week ago - 10 years 1 week ago #120198 by James
Are DWP only paying WRAG component of ESA on reque was created by James
Further to yesterday The DWP have now been contacted about suddenly stopped ESA (CB)payments.
In line with past requests on the forum for contributory experiences in this new area of Sanctions I can offer the following:
(Oh its ESA CB here not previously stated as ESA IR).
The DWP confirmed by telephone that payments had been stopped.
But that the case remained open.
They stated that a letter had been sent but I did not receive one.
They confirmed that it was Sanctions related.
The young clerk however offered no explanation for the remaining component part not being atuomatically paid.It may be of interest to know that this component part was referred to as WRAG component(as opposed to Personal Component) and is approx 30%of the former weekly payment.
On the continuation of NI payments the clerk was similiarly speechless and could offer no explanation.
In light of this I got the impression that if I hadnt rung requesting this be looked into
I would have received no further reduced ESA at all until it ends in September.
This may point to a policy of not paying unless queried of just stopping all benefits to save money and hope claimants will not notice.
Thanks to the information on this site I was able to brief the clerk on what should be happening under sanctions with my payments and they promised to look into it.
My question is if this residual amount is called "the WRAG Group component2of which I am still technically a member if I do not pro actively contact the JC+to express a willingness to resume participation in the WRAG programme of activities is that grounds for withholding
this remaining sanctioned amount all together & cancelling any further NI contributions?
In line with past requests on the forum for contributory experiences in this new area of Sanctions I can offer the following:
(Oh its ESA CB here not previously stated as ESA IR).
The DWP confirmed by telephone that payments had been stopped.
But that the case remained open.
They stated that a letter had been sent but I did not receive one.
They confirmed that it was Sanctions related.
The young clerk however offered no explanation for the remaining component part not being atuomatically paid.It may be of interest to know that this component part was referred to as WRAG component(as opposed to Personal Component) and is approx 30%of the former weekly payment.
On the continuation of NI payments the clerk was similiarly speechless and could offer no explanation.
In light of this I got the impression that if I hadnt rung requesting this be looked into
I would have received no further reduced ESA at all until it ends in September.
This may point to a policy of not paying unless queried of just stopping all benefits to save money and hope claimants will not notice.
Thanks to the information on this site I was able to brief the clerk on what should be happening under sanctions with my payments and they promised to look into it.
My question is if this residual amount is called "the WRAG Group component2of which I am still technically a member if I do not pro actively contact the JC+to express a willingness to resume participation in the WRAG programme of activities is that grounds for withholding
this remaining sanctioned amount all together & cancelling any further NI contributions?
Last edit: 10 years 1 week ago by Gordon.
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10 years 1 week ago #120206 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Are DWP only paying WRAG component of ESA on reque
James
ESA payments are made up of at least two components, the Personal Allowance and a Component Allowance which is based on the group that the claimant is in.
Sanctions used to apply to the Component Allowance leaving the Personal Allowance in payment, they now apply to the Personal Allowance; leaving the Component in payment.
The Component Allowance, in you case for the WRAG cannot be sanctioned and is paid because you meet the criteria for the group not as "payment" for your participating in WRA.
An award of ESA can only be terminated because the claimant fails to meet the criteria or because they fail to participate in the assessment process, or they are found "guilty" of misconduct.
As far as I am aware none of the above apply to your case.
Gordon
ESA payments are made up of at least two components, the Personal Allowance and a Component Allowance which is based on the group that the claimant is in.
Sanctions used to apply to the Component Allowance leaving the Personal Allowance in payment, they now apply to the Personal Allowance; leaving the Component in payment.
The Component Allowance, in you case for the WRAG cannot be sanctioned and is paid because you meet the criteria for the group not as "payment" for your participating in WRA.
An award of ESA can only be terminated because the claimant fails to meet the criteria or because they fail to participate in the assessment process, or they are found "guilty" of misconduct.
Disqualification for misconduct etc.
157. (1) Subject to paragraph (3), paragraph (2) applies where a claimant—
(a) has limited capability for work through the claimant’s own misconduct, except in a case where the limited capability is due to pregnancy or a sexually transmitted disease; or
(b) fails without good cause to attend for or submit to medical or other treatment (excluding vaccination, inoculation or major surgery) recommended by a doctor with whom, or a hospital or similar institution with which, the claimant is undergoing medical treatment, which would be likely to remove the limitation on the claimant’s capability for work;
(c) fails without good cause to refrain from behaviour calculated to retard the claimant’s recovery; or
(d) is, without good cause, absent from the claimant’s place of residence without leaving word with the Secretary of State where the claimant may be found.
(2) A claimant referred to in paragraph (1) is to be disqualified for receiving an employment and support allowance for such period not exceeding 6 weeks as the Secretary of State may determine.
(3) Paragraph (1) does not apply where the claimant—
(a) is disqualified for receiving an employment and support allowance by virtue of regulations made under section 7 of the Social Security Fraud Act 2001(1); or
(b) is a person in hardship.
As far as I am aware none of the above apply to your case.
Gordon
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- James
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10 years 1 week ago - 10 years 1 week ago #120216 by James
Replied by James on topic Are DWP only paying WRAG component of ESA on reque
Thank You once again Gordon!
My only worry would be if 157 a could be "used" Claimants own misconduct
in a case of substance addiction?
Ie can they argue that substance misuseis deliberate mis conduct?
My only worry would be if 157 a could be "used" Claimants own misconduct
in a case of substance addiction?
Ie can they argue that substance misuseis deliberate mis conduct?
Last edit: 10 years 1 week ago by Gordon.
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10 years 1 week ago #120223 by Gordon
There are certainly circumstances where 157 can be applied, but I can only remember a handful in all the time that I have been moderating and none of those were related to substance abuse.
Even if this issue has been raised with you directly by your JC+ advisor, I cannot see how it can lead directly to 157, as JC+ advisors cannot mandate medical treatment for any claimant that they are managing.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Are DWP only paying WRAG component of ESA on reque
James wrote: Thank You once again Gordon!
My only worry would be if 157 a could be "used" Claimants own misconduct
in a case of substance addiction?
Ie can they argue that substance misuseis deliberate mis conduct?
There are certainly circumstances where 157 can be applied, but I can only remember a handful in all the time that I have been moderating and none of those were related to substance abuse.
Even if this issue has been raised with you directly by your JC+ advisor, I cannot see how it can lead directly to 157, as JC+ advisors cannot mandate medical treatment for any claimant that they are managing.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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