- Posts: 46
× Members
ESA Queries
11 years 3 months ago - 11 years 3 months ago #97608 by Spridgett
ESA Queries was created by Spridgett
Hi,
I'm a forum newbie, so please treat me gently!
I am currently appealing against a Fit For Work decision, in respect of my migration from IB to ESA, and I am seeking answers to three questions:-
In the event the decision is NOT overturned at the mandatory reconsideration phase, can I expect the DWP to inform me of this, or will the first I learn about it be when the bundle of Tribunal documents drops through my letterbox?
I am currently in receipt of the Assessment rate of ESA. In the event that any Tribunal decision takes longer than a year to come to fruition, can I expect this payment to cease after 365 days or will I continue to be paid until a final decision on my appeal is reached? Please note that I would not be entitled to any income related ESA.
If my appeal is successful, albeit after a wait of more than a year, and I am placed in the WRAG, I understand that I would receive the backdated monies due to me but that would be all under the 365 day rule. If I then decide to keep my claim open, for the purposes of N.I. credits, would I then still be required to attend WFI's or undertake WRA's?
Any help or clarification with regard to the above would be greatly appreciated.
Many thanks.
I'm a forum newbie, so please treat me gently!
I am currently appealing against a Fit For Work decision, in respect of my migration from IB to ESA, and I am seeking answers to three questions:-
In the event the decision is NOT overturned at the mandatory reconsideration phase, can I expect the DWP to inform me of this, or will the first I learn about it be when the bundle of Tribunal documents drops through my letterbox?
I am currently in receipt of the Assessment rate of ESA. In the event that any Tribunal decision takes longer than a year to come to fruition, can I expect this payment to cease after 365 days or will I continue to be paid until a final decision on my appeal is reached? Please note that I would not be entitled to any income related ESA.
If my appeal is successful, albeit after a wait of more than a year, and I am placed in the WRAG, I understand that I would receive the backdated monies due to me but that would be all under the 365 day rule. If I then decide to keep my claim open, for the purposes of N.I. credits, would I then still be required to attend WFI's or undertake WRA's?
Any help or clarification with regard to the above would be greatly appreciated.
Many thanks.
Please Log in or Create an account to join the conversation.
11 years 3 months ago - 11 years 3 months ago #97622 by Gordon
They may write to you seperately, but it is more likely that you will just get the Tribunal documents sent to your.
Your payments will be limited to 365 days, this will include any time spent in the Assessment phase if this is a new claim. If this was dues to a re-assessment or your being transferred from another benefit, then it will be from the date of the of the Decision.
If you are placed in the WRAG then you will receive back payments for the WRAG component up to the the 365 days and the NI Credits from then on, if you keep your claim open you will be subject to re-assessment but will not be required to attend WFIs or undertake WRA.
By keeping your claim open, if at any future date your condition deteriorates or you develop a new condition that would qualify you for the Support Group, then if successful, your ESA(CB) will be re-instated and remain in payment as long as you qualify for the SG.
I hope this explains everything
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Queries
Spridgett wrote: Hi,
I'm a forum newbie, so please treat me gently!
I am currently appealing against a Fit For Work decision, in respect of my migration from IB to ESA, and I am seeking answers to three questions:-
In the event the decision is NOT overturned at the mandatory reconsideration phase, can I expect the DWP to inform me of this, or will the first I learn about it be when the bundle of Tribunal documents drops through my letterbox?
They may write to you seperately, but it is more likely that you will just get the Tribunal documents sent to your.
I am currently in receipt of the Assessment rate of ESA. In the event that any Tribunal decision takes longer than a year to come to fruition, can I expect this payment to cease after 365 days or will I continue to be paid until a final decision on my appeal is reached? Please note that I would not be entitled to any income related ESA.
Your payments will be limited to 365 days, this will include any time spent in the Assessment phase if this is a new claim. If this was dues to a re-assessment or your being transferred from another benefit, then it will be from the date of the of the Decision.
If my appeal is successful, albeit after a wait of more than a year, and I am placed in the WRAG, I understand that I would receive the backdated monies due to me but that would be all under the 365 day rule. If I then decide to keep my claim open, for the purposes of N.I. credits, would I then still be required to attend WFI's or undertake WRA's?
If you are placed in the WRAG then you will receive back payments for the WRAG component up to the the 365 days and the NI Credits from then on, if you keep your claim open you will be subject to re-assessment but will not be required to attend WFIs or undertake WRA.
By keeping your claim open, if at any future date your condition deteriorates or you develop a new condition that would qualify you for the Support Group, then if successful, your ESA(CB) will be re-instated and remain in payment as long as you qualify for the SG.
I hope this explains everything
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: bro58, Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris