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ESA Problem
- stanley
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11 years 11 months ago #86333 by stanley
ESA Problem was created by stanley
I made a phone call to the DWP today, only to find out by accident that I had been moved from the SG to the WRAG following a recent assessment. The decision was apparently made on 03.05.12 but I had not received any notification. The first indication I had was a letter today asking me to go to a Personal Advisor Interview at my nearest jobcentre plus. I will appeal.
I understand the 365 day rule for the WRAG. Would this run from the beginning of April or the date of my transfer to the WRAG? Ie. 03.05.12. Additionally when my 365 days is exhausted I would not qualify for JSA due to means testing. Would I however, be able to apply again for contribution based ESA at a later date?
Thank you in anticipation of your advice ………… stanley
I understand the 365 day rule for the WRAG. Would this run from the beginning of April or the date of my transfer to the WRAG? Ie. 03.05.12. Additionally when my 365 days is exhausted I would not qualify for JSA due to means testing. Would I however, be able to apply again for contribution based ESA at a later date?
Thank you in anticipation of your advice ………… stanley
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- Gordon
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11 years 11 months ago #86337 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA Problem
Stanley
The count should start from the date of the Decision e.g. 03/05/12.
You can make a fresh calim for ESA(CB) after 12 weeks have elapsed from the end of your current claim, you will of course need to satisfy the NI Contribution tests.
Gordon
The count should start from the date of the Decision e.g. 03/05/12.
You can make a fresh calim for ESA(CB) after 12 weeks have elapsed from the end of your current claim, you will of course need to satisfy the NI Contribution tests.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Crazydiamond
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11 years 11 months ago - 11 years 11 months ago #86340 by Crazydiamond
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Crazydiamond on topic Re:ESA Problem
First of all, it is simply not acceptable that you found out by accident that you had been transferred from the support group to the WRAG.
When the transfer occurred you should have been notified immediately of the decision, as decision letters are supposed to be issued at precisely the same time as the (adverse) decision was made. The fact that the administration of ESA is so chaotic in DWP offices is no excuse, and it also begs the question as to whether you would have received a formal decision carrying the right of appeal? This may necessarily give rise to a formal complaint, but as you have already decided to appeal you may or may not to consider this option? However, the DWP should be instructed to issue the decision letter immediately, as you will be unaware of the date of the decision to record at section 4 on form GL24, the official appeal form.
Insofar as your question about the 365 day rule arises please see:-
12 Month Limit for ESA(CB).
12 Month Limit for ESA(CB) – Implementation.
When the transfer occurred you should have been notified immediately of the decision, as decision letters are supposed to be issued at precisely the same time as the (adverse) decision was made. The fact that the administration of ESA is so chaotic in DWP offices is no excuse, and it also begs the question as to whether you would have received a formal decision carrying the right of appeal? This may necessarily give rise to a formal complaint, but as you have already decided to appeal you may or may not to consider this option? However, the DWP should be instructed to issue the decision letter immediately, as you will be unaware of the date of the decision to record at section 4 on form GL24, the official appeal form.
Insofar as your question about the 365 day rule arises please see:-
12 Month Limit for ESA(CB).
12 Month Limit for ESA(CB) – Implementation.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 11 months ago by Crazydiamond.
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- stanley
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11 years 11 months ago #86343 by stanley
Replied by stanley on topic Re:ESA Problem
Thankyou Gordon & Crazydiamond
These things send you 'through the roof' when they happen & it does help to have someone 'who knows' to be able to ask for advice
No response from welfare rights yet again - almost certainly due to massive case load pressures
Many thanks ............. stanley
These things send you 'through the roof' when they happen & it does help to have someone 'who knows' to be able to ask for advice
No response from welfare rights yet again - almost certainly due to massive case load pressures
Many thanks ............. stanley
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