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WRAG means tested what happens in years to come

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12 years 3 months ago #80399 by carruthers
I'm a pessimist and think that the government will restore the bill to its pre-Lords state.

I quote from your FAQ based on the "original proposals" scenario (with congratulations, and thanks on managing to keep up with events)

Example Seven
A claimant was subject to the time limitation for ESA(CB and did not qualify for ESA(IR). They have opted to receive NI credits and have maintained their Limited Capability for Work status. At some future point in time due to deterioration of an existing condition or a new condition, they meet the criteria for the Support Group.

The claimant cannot be placed in the Support Group as they have no entitlement to ESA.

I have then a suggestion. Suppose that you have progressive condition like MS. You apply for ESA, attempt to get into the SG and fail. You are now in the WRAG(CB). If you wait there for a year, failing to get work, then you are thrown out of ESA forever - unless you qualify under IR rules.

So, the logical thing to do, if you think you can manage it, is to apply for ESA and then if you end up in the WRAG(CB) category, then well before the 12 months is up, you should voluntarily take yourself off ESA altogether. You then manage (if you can) until the inevitable, if unpredictable, progression takes you into what you think will be the SG. You apply for ESA again and try your luck.

If you get into the SG this time, then you will probably stay there - unless they tighten the rules again.

Otherwise help whilst things are bad will remove help when things are very bad.

Is this the logic of the situation, or is there a get out I've missed?

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12 years 3 months ago #80403 by lindat
if you're in wrag you're not fit to work so how could you volunaterily [brain won't give correct spelling I apologise :blush: ] drop out and work till worse? or am I misunderstanding what you mean carruthers? :blink:

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12 years 3 months ago #80404 by carruthers
One further point, Gordon. returning to your Example 7 in FAQ:

Example Seven
A claimant was subject to the time limitation for ESA(CB and did not qualify for ESA(IR). They have opted to receive NI credits and have maintained their Limited Capability for Work status. At some future point in time due to deterioration of an existing condition or a new condition, they meet the criteria for the Support Group.

The claimant cannot be placed in the Support Group as they have no entitlement to ESA.

Will this even apply if there is a new application under Special Rules?

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12 years 3 months ago #80405 by Gordon
carruthers

It is unlikely that your suggestion would work. Qualifying for ESA(CB) is dependant on your NI Contributions (not Credits), so unless you worked during the interim, your would not qualify.

Forgive me but I think you are over thinking this situation when you may not need to :) The amendment that would allow claimants to re-qualify for the Support Group was actually submitted by the Government, so it may well appear in any re-submitted Welfare Reform Bill, however, we will have to wait and see what they do.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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12 years 3 months ago #80406 by Gordon
carruthers wrote:

Will this even apply if there is a new application under Special Rules?

See my previous answer.

As I remember it, Lord Freud was asked this in an early debate in the HofL and said they would not.

The Special Circumstances only state that a claimant immediately has Limited Capability for work. There is still a requirement for them to be eligible for ESA(CB) or ESA(IR).

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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12 years 3 months ago #80553 by carruthers
Gordon wrote:

carruthers
Forgive me but I think you are over thinking this situation when you may not need to :) Gordon

I'll plead guilty as charged!

It comes of having too much time to think when the brain won't do anything useful, combined with a nit-picky disposition.

Perhaps I need a job. :dry:

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