ESA APPEAL AND TWELVE MONTH PAYMENT RULES

Hi All,

I was wondering if any one can throw some light on the question that i have.

My was placed in WRAG from 3 November 2011 not sure till what date as still awaiting paperwork from DWP as we have appealed.

What happens if he is awarded ESA for 12 months and his appeal hearing is thereafter due to long delays?????

Hope this makes sense.

Radhika.

Your question does make sense, but at the present time it is a hypothetical question as ESA appeals are taking up to 8 months which still falls short of the 365 days it will take to expend contribution-based ESA in the WRAG.

Judging by the way things are going however, if the amount of time it takes to hear an ESA extends beyond 12 months there may be some implications for claimants in the WRAG who are appealing to be in the SG, who find themselves in the above situation. If and when ESA appeals take longer than 12 months to be heard, more information will be made available nearer that point in time.

Many thanks for clarifying that. But say if you have been awarded ESA for 6 months(as some people have found when they recieve their bundle) and your appeal date is say 7 months, then what happens???

Radhika.

id like to know the answer to that question also

m

radhika wrote:

Many thanks for clarifying that. But say if you have been awarded ESA for 6 months(as some people have found when they recieve their bundle) and your appeal date is say 7 months, then what happens???

Radhika.

If you have a six month prognosis following the WCA, after this time it would be likely that it would repeated to find out if you are still entitled to ESA?

If you are appealing to be placed in the support group, the tribunal will only be looking down to the decision under appeal. Therefore, if you are eventually placed in the SG, it will be from the date of the decision ie when you were placed in the WRAG at least until the WCA is applied again.

If following the second WCA you are found fit for work or you are once again placed in the WRAG and you believe you should be in the SG, you will have to lodge a fresh appeal against the second outcome decision.

I trust this answers your question?