- Posts: 36
esa appeal from wrag to support grou
blue wrote: you say i will be entitled to esa as i have no savings or other form of income, apart from dla. what are the other contributary factors that you say i will not be entitled to
MHB is referring to Contribution Based (CB) Benefits such as CB ESA and CB JSA.
blue wrote: so what would happen if i lost my appeal at the tribunal and they decided i was going to be placed on jsa, it is highly unlikely, but you never know with this government
You cannot be found fit for work, unless you have first had a face to face assessment.
If you were in a situation were you were classed as fit for work and your 365 days entitlement to CB ESA had been exhausted, you would then be assessed to see whether you were entitled to Income Related (IR) benefits, this applies to ESA or JSA.
If you have no other form of income or if you do, but can still pass the means test, then you would receive IR ESA or IR JSA.
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
12 Month Limit for ESA(CB)
12 Month Limit for ESA(CB) – Implementation
blue wrote: what i cant understand is why do i have to go to a tribunal to try to get in the support group when my gp has told them in a letter that, due to a spinal injury i suffer bouts of bowel incontinence. i understand that one of the descriptors for qualifying for the support group is problems with bowel control.
The criteria for qualifying for The SG are quite rigid.
You either have to fulfill at least one of The Functional SG Descriptors :
SG (LCWRA) Descriptors
Or qualify under The Exceptional Circumstances Rules for SG :
ESA Reg 35 for entry to The SG (LCWRA)
So if you look at Activity 8 of The SG Descriptors from the link above, it stipulates :
"8. Absence or loss of control over extensive evacuation of the bowel and/or voiding of the bladder, other than enuresis (bed-wetting), despite the presence of any aids or adaptations normally used.
At least once a week experiences:
(a) loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder; or
(b) substantial leakage of the contents of a collecting device
sufficient to require the individual to clean themselves and change clothing."
So you need to provide evidence that you do fulfill this strict criteria, if it is applicable to you.