WRAG appeal confusion

Hello, following ESA submission I was migrated from IB in a WRAG group.Many thanks for the help this site has provided in getting that far.

However, due to multiple health issues, I appealed within the time frame (that was approx 2 weeks ago).

I heard nothing until today, a letter arrived with an appointment to see a personal adviser in a few weeks. The letter clearly states that I would be sanctioned if I do not attend with out good reason.

The dilemma now is how should I respond to this letter, surely they must have been informed of the pending appeal?

Has anyone had a similar experience?

I'd be grateful to hear any advice.

Thanks in advance.

Terry wrote: Hello, following ESA submission I was migrated from IB in a WRAG group.Many thanks for the help this site has provided in getting that far.

However, due to multiple health issues, I appealed within the time frame (that was approx 2 weeks ago).

I heard nothing until today, a letter arrived with an appointment to see a personal adviser in a few weeks. The letter clearly states that I would be sanctioned if I do not attend with out good reason.

The dilemma now is how should I respond to this letter, surely they must have been informed of the pending appeal?

Has anyone had a similar experience?

I'd be grateful to hear any advice.

Thanks in advance.

Hi T,

Appealing a WRAG decision to gain access to The SG does not exempt you from having to attend WFI's and taking part in WRA, although you "should not" be sent forward to The Works Programme.

See : Do I have to attend WFIs while I appeal? , from our : Appeals FAQ’s

It is highly likely that this is a standard letter, and the JCP are not aware that you have appealed, (not that appealing will exempt you as in my first paragraph).

You may wish to phone the JCP Adviser, and inform them of any limitations that preclude you from attending WFI's, and that you have appealed.

They "may" defer them, or carry them out over the phone, but this is totally at the discretion of the JCP Adviser.

See :

Work Focussed Interviews

Work Programme

&

Changes to ESA Sanctions

From our : ESA FAQ’s

As you are in The WRAG, this may also be pertinent :

12 Month Limit for ESA(CB)

bro58

Hi, thanks for your reply Bro58

As I am in reciept of middle rate care allowanance, is it corect that I cannot be forced to take part in WRAG activities?

I'm almost 62 years old. My DLA/Care award was indefinate, though I understand that I will have to go through the PIP process at some point, though I think the DWP have delayed that for three years? If tha's true, by that time I should be retired any way

Thankyou

Terry wrote: Hi, thanks for your reply Bro58

As I am in reciept of middle rate care allowanance, is it corect that I cannot be forced to take part in WRAG activities?

I'm almost 62 years old. My DLA/Care award was indefinate, though I understand that I will have to go through the PIP process at some point, though I think the DWP have delayed that for three years? If tha's true, by that time I should be retired any way

Thankyou

Hi T,

Being in receipt of DLA in any form, does not exempt you.

See this extract : "Finally, whilst still required to attend WFIs, the following are not required to take part in Work Related Activity

lone parents with a child under 5

ESA claimants who also receive Carers Allowance or the Carers Premium"

Here, it is the the person "Giving" the care, (the carer) not the person receiving it.

They must however take into account your limitations in compelling you to comply, have a read of this thread :

www.benefitsandwork.co.uk/forum?view=top...id=10&id=96483#96923

Also, there is an upper age limit, see this extract :

"Specifically with regard to Employment and Support Allowance (ESA), members of the Work Related Activity Group are required to attend WFIs, with the following exceptions;

members of the Support Group

claimants who meet the Upper Age Limit (see below)"

Both extracts from the : Work Focussed Interviews link previously provided.

Also on the above link :

" Upper Age Limit
You cannot be asked to attend a WFI if you have reached or passed the upper age limit.

For a woman this is their State Retirement Age.

For a man this is the State Retirement Age of a woman born on the same day."

You can use this calculator, if you are a male, enter your correct DOB but enter your gender as female :

www.gov.uk/calculate-state-pension/y/age

bro58

Terry, I think this will answer your question regarding the change from DLA to PIP.

"From October 2015
All remaining claimants in receipt of a DLA award will be invited to make a
claim for PIP. DWP will randomly select those recipients of DLA in receipt
of an indefinite award or a fixed term award and notify them about what they
need to do to claim PIP. They will prioritise recipients who have turned 65
after 8 April 2013, when PIP was first introduced."

Everything we know about PIP can be found in the 'spotlights' area at the top of the forum

PIP

Mrs Hurtyback wrote: Terry, I think this will answer your question regarding the change from DLA to PIP.

"From October 2015
All remaining claimants in receipt of a DLA award will be invited to make a
claim for PIP. DWP will randomly select those recipients of DLA in receipt
of an indefinite award or a fixed term award and notify them about what they
need to do to claim PIP. They will prioritise recipients who have turned 65
after 8 April 2013, when PIP was first introduced."

Everything we know about PIP can be found in the 'spotlights' area at the top of the forum

PIP

Thanks MHB,

I had just noticed that I had missed that part of the post.

bro58