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ESA - wrong group!!
10 years 1 month ago - 10 years 1 month ago #124698 by bro58
Replied by bro58 on topic ESA - wrong group!!
Hi,
Welcome to Benefits and Work
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It appears from your post that you were transferred over from Incapacity Benefit to ESA in The Work Related Activity Group (WRAG) around 12 months ago.
As you were previously in receipt of IB, you would be entitled to and paid Contribution Based (CB) ESA on being transferred :
What will I be transferred to?
From our : IB, IS, SDA, Migration to ESA FAQ’s
As you were entitled to CB ESA, you are only entitled to 365 days of payment if not in The Support Group (SG) of ESA :
12 Month Limit for ESA(CB)
From our : ESA FAQ’s
It seems that these 365 days are coming to an end.
Once they do, you should be financially assessed using an ESA 3 Form (Which you can request from the DWP ESA Office) to see whether you can pass the means test for entitlement to Income Related (IR) ESA, with respect to your capital, assets, savings, household income, and any hours worked by a partner. (If you have one) :
24 hour work rule for ESA(IR)
Asset rule for ESA(IR)
If you feel that you may be entitled to IR ESA, you should request, fill in and return an ESA 3 Form ASAP :
Sending Documents to the DWP or ATOS
If you feel that you should have been placed into The SG rather than The WRAG, and if no longer than 13 months have elapsed since the date of The WRAG decision, as the WRAG decision pre-dates 28/10/13, you could request a "late appeal" using GL24 Form which can be downloaded from the link on this page :
How to submit an appeal
From our : Appeals FAQ’s
There is also an ESA Appeals Guide on this page :
ESA Claims Guides
See also : Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.
Under this scenario, you would have to show that you qualified for entry to The SG at the time of The WRAG award.
They would not take into account any change or deterioration in your condition since the time of The WRAG award. They would be re-looking at The WRAG award with a "fresh pair of eyes".
See : Qualifying for the Support Group
If you feel that since the time of The WRAG award, that your condition has deteriorated or changed to such an extent that you now qualify for The SG, you would have to request a Supersession/Review of the current WRAG award, and not request a late appeal.
You would have to provide fresh medical evidence to support this change/deterioration in your condition and fill out a fresh ESA 50 Questionnaire and go through a fresh ESA Assessment, which may or may not involve a face to face assessment. (Medical)
If you are not entitled to IR ESA, but could gain entry to The SG via one of the two routes above, in the case of late appeal, you would be classed as being in The SG since the time of The WRAG award, therefore no 365 day rule for payment of CB ESA.
Or
In the case of Supersession/Review, payment of CB ESA would be reinstated from the date of The SG Award as a result of the Supersession/Review.
I hope this explains it somewhat.
Please repost to this topic if you have any further queries.
You might want to Bookmark/Favourite this page in your browser for future ease of access.
bro58
Welcome to Benefits and Work
If your forum name is also your real name, you may wish to change it to maintain some anonymity.
This can be done quite easily by following the instructions on this FAQ :
My full name is showing, how can I stop it?
It appears from your post that you were transferred over from Incapacity Benefit to ESA in The Work Related Activity Group (WRAG) around 12 months ago.
As you were previously in receipt of IB, you would be entitled to and paid Contribution Based (CB) ESA on being transferred :
What will I be transferred to?
From our : IB, IS, SDA, Migration to ESA FAQ’s
As you were entitled to CB ESA, you are only entitled to 365 days of payment if not in The Support Group (SG) of ESA :
12 Month Limit for ESA(CB)
From our : ESA FAQ’s
It seems that these 365 days are coming to an end.
Once they do, you should be financially assessed using an ESA 3 Form (Which you can request from the DWP ESA Office) to see whether you can pass the means test for entitlement to Income Related (IR) ESA, with respect to your capital, assets, savings, household income, and any hours worked by a partner. (If you have one) :
24 hour work rule for ESA(IR)
Asset rule for ESA(IR)
If you feel that you may be entitled to IR ESA, you should request, fill in and return an ESA 3 Form ASAP :
Sending Documents to the DWP or ATOS
If you feel that you should have been placed into The SG rather than The WRAG, and if no longer than 13 months have elapsed since the date of The WRAG decision, as the WRAG decision pre-dates 28/10/13, you could request a "late appeal" using GL24 Form which can be downloaded from the link on this page :
How to submit an appeal
From our : Appeals FAQ’s
There is also an ESA Appeals Guide on this page :
ESA Claims Guides
See also : Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.
Under this scenario, you would have to show that you qualified for entry to The SG at the time of The WRAG award.
They would not take into account any change or deterioration in your condition since the time of The WRAG award. They would be re-looking at The WRAG award with a "fresh pair of eyes".
See : Qualifying for the Support Group
If you feel that since the time of The WRAG award, that your condition has deteriorated or changed to such an extent that you now qualify for The SG, you would have to request a Supersession/Review of the current WRAG award, and not request a late appeal.
You would have to provide fresh medical evidence to support this change/deterioration in your condition and fill out a fresh ESA 50 Questionnaire and go through a fresh ESA Assessment, which may or may not involve a face to face assessment. (Medical)
If you are not entitled to IR ESA, but could gain entry to The SG via one of the two routes above, in the case of late appeal, you would be classed as being in The SG since the time of The WRAG award, therefore no 365 day rule for payment of CB ESA.
Or
In the case of Supersession/Review, payment of CB ESA would be reinstated from the date of The SG Award as a result of the Supersession/Review.
I hope this explains it somewhat.
Please repost to this topic if you have any further queries.
You might want to Bookmark/Favourite this page in your browser for future ease of access.
bro58
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