ESA Appeal Result

My brother had his Appeal today having not been awarded any points following his WCA. His Decision Notice says:"The appeal is allowed.The decision of the Secretary of State issued on 07/06/2011 is set aside. The Tribunal awarded 9 points (17c) under Schedule 2, however, they did consider that appellant has exceptional circumstances, and is not fit for work under Regulation 29(2)(b. The Tribunal considered no points could be awarded under Schedule 3"
Does this mean he will now get ESA? We are not sure as he did not achieve the minimum 15 points required but the Appeal Tribunal has stated he is not fit for work. He has been claiming ESA at assessment rate since DWP decision on 6 June 2011.

Maureen wrote:

My brother had his Appeal today having not been awarded any points following his WCA. His Decision Notice says:"The appeal is allowed.The decision of the Secretary of State issued on 07/06/2011 is set aside. The Tribunal awarded 9 points (17c) under Schedule 2, however, they did consider that appellant has exceptional circumstances, and is not fit for work under Regulation 29(2)(b. The Tribunal considered no points could be awarded under Schedule 3"
Does this mean he will now get ESA? We are not sure as he did not achieve the minimum 15 points required but the Appeal Tribunal has stated he is not fit for work. He has been claiming ESA at assessment rate since DWP decision on 6 June 2011.

Hi M,

It looks very much from what you write that your brother has been awarded ESA in the WRAG, (Work Related Activity Group), under Exceptional Circumstances, ESA Regulation 29 (2) (b) see here :

www.legislation.gov.uk/uksi/2008/794/part/5/made

It is possible to be placed into the WRAG of ESA due to the above, without actually scoring the required 15 points.

It may help to speed up the process with the DWP, if you send a copy of the decision notice to the relevant DWP office that is dealing with your brother's ESA.

bro58

Hi bro58,
Many thanks for the very quick response. This is absolutely brilliant news, my brother will be delighted. The Tribunal was not as daunting as we anticipated, the Judge and Doctor were very pleasant and questioning was very fair.
Thanks again M.

Maureen wrote:

Hi bro58,
Many thanks for the very quick response. This is absolutely brilliant news, my brother will be delighted. The Tribunal was not as daunting as we anticipated, the Judge and Doctor were very pleasant and questioning was very fair.
Thanks again M.

Hi M,

Don't forget that your brother should receive the difference between the Assessment Rate of ESA that he has been in receipt of whilst appealing and the WRAG rate of ESA, i.e. the Work Related Activity Component.

This should be backdated to the time of the original adverse decision.

See here for current ESA rates :

www.benefitsandwork.co.uk/forum?func=view&catid=13&id=39796

bro58

Hi bro58,
This gets better! Thank you as we were not aware that my brother could get the difference in rate backdated to the original decision. The service provided by this website and advice given by you and your colleagues is absolutely first class. Thank you all so very much. M