ESA50

Thanks Bro.

Best Regards - Taggy

Hi There

Have only just got the letter confirming he has been put into Support Group so will send off for the above info now.

I do have a bit of confusion over the various rates & enhancements though which you may be able to help with. He has been placed into Support Group on Contribution based ESA. Am I right in thinking there's no time limit on this for support group people. He was previously on an indefinite award of IB and has been disabled since birth, so he's never worked.

They have said he might be eligible for Income Related ESA & we have to telephone them in order to check this. If he is, will this be a top up to his Contribution Based ESA.

The ESA rate includes the basic component & the support group top up which are £71.70 & £34.80 and also a top up payment of £5.55 to bring it up to £112.05 which was his previous IB amount.

I have noticed for some people there is an Enhanced Disability Premium of £15.15 but i'm not sure who or how one qualifies for that. He hasn't been awarded that, but I have noticed in his Housing Benefit award there is an amount of £15.15 because he is severely disabled. Are these two separate things or if he gets the one, can he not get the other?

Best regards - Taggy

Thanks Gordon, when they phoned up to say he'd been put in Support Group I think they said would probably be assessed in 3 years, but i'll ask again when I send in my SAR.

So is the £15.15 amount indicated for his severe disability within his Housing Benefit not connected in any way with the £15.15 Enhanced Disability Payment for ESE and is it possible to receive both?

Best regards - Taggy

Hi There

We've had a reply now from jobcentre plus with regards how the support group decision was arrived at. This was what I asked for below.

"I would like to make a formal request (SAR) for information as covered under the data protection act 1998.

I would like to request a copy of the ESA85A & LT54 and all the other documentation that was used in coming to the support group decision.

Please could you also provide me with written confirmation of the Prognosis too and also the details as to which descriptors he scored points under and which support group descriptors he qualified under.

Also could you provide information as to whether it was under any of the Schedule 3 functional descriptors and/or exceptional circumstances rules under ESA regulation 35. Many Thanks."

They have sent back the ESA85A & LT54 and a covering letter. In the letter it states that Support Group has been awarded under schedule 3 and the prognosis has been set to "not in the longer term" which is a period of 3 years & that 3 years is the maximum prognosis that can be awarded.

On the LT54 it says:-

CONVERSION DECISION LCW and LCWRA (placed in support group)

Having considered the available evidence I have determined that XXXXX is treated as having limited capability for work.
I have also considered whether he has limited capability for work related activity. I have determined that by reason of his physical and/or mental condition at least one of the descriptors set out in Schedule 3 to the ESA regulations apply. He is treated as having limited capability for work-related activity.

On the ESA85A

It states that he meets Support Group Criteria as he has severe functional disability & prognosis is work is unlikely in the longer term.

In justification of advice it says.

The available evidence from the ESA50, Med 3 and specialist letter has been used to give advice in this case. The Med3, ESA50 and medical evidence suggests the client cannot mobilise 50 metres repeatedly, within a reasonable timescale and unaided by another person, because of significant discomfort or exhaustion due to cerebral palsy. This suggests the client has limited capability for work & work related activity.
They have upper & lower limb weakness and they would be unable to reliably & repeatedly mobilise over a distance and would be unable to self propel a wheelchair.
The available evidence suggests improvement is unlikely in the longer term.

What i'm wondering then, is that based on the above is it likely that the person looking at his claim has just judged that he meets the criteria for the Support Group from the first question on the form, after reading the other medical evidence too, and that they havn't gone on to score him under the other descriptors as well?

I wanted to know what he scored in all the descriptors but that information has not been supplied. Does it also suggest that he wasn't considered under special circumstances?

Do you think its worthwhile getting back in touch to see if I can get further clarification?

Also ive noticed this decision was made by a Registered Nurse (It gives her name). Obviously we are not wanting to challenge the actual decision because he's gone straight into support group without a medical. However I was under the impression that any claimant with a Severe Brain Injury should be assessed by a Doctor with specialist knowledge, which has not happened here.

Best regards - Taggy