esa

i wonder if someone can answer this question,if someone is placed in wrag and after a year they move onto ir wrag do they then lose all future rights even if they get into the support group of reciving conributory based esa in the future?
thanks in advance
ladynono

ladynono wrote: i wonder if someone can answer this question,if someone is placed in wrag and after a year they move onto ir wrag do they then lose all future rights even if they get into the support group of reciving conributory based esa in the future?
thanks in advance
ladynono

Hi lo,

Yes they do.

You only get the 365 days entitlement to payment of CB ESA in The WRAG once, so once you have exhausted that, and were entitled to IR ESA, you would still only receive IR ESA if placed into the SG at some future reassessment, or as the result of a review/supersession.

bro58

Hi lo,

Just to confirm that, if someone had exhausted their 365 days of CB ESA in the WRAG, and were not entitled to IR ESA, they would then only receive NI Credits.

However, if as a result of a review/supersession or some future reassessment they were placed into The SG, payments of CB ESA would be reinstated for as long as they remained in The SG.

This is dependent on them keeping a continuous live assessment of LCW (WRAG) in the interim period though.

bro58

bro58 wrote:

ladynono wrote: i wonder if someone can answer this question,if someone is placed in wrag and after a year they move onto ir wrag do they then lose all future rights even if they get into the support group of reciving conributory based esa in the future?
thanks in advance
ladynono

Hi lo,

Yes they do.

You only get the 365 days entitlement to payment of CB ESA in The WRAG once, so once you have exhausted that, and were entitled to IR ESA, you would still only receive IR ESA if placed into the SG at some future reassessment, or as the result of a review/supersession.

bro58

Hi lo,

Having discussed this further with Gordon, we can not be 100% sure on this. Both the 365 day limit and the re-qualification for ESA(CB) if placed in the SG are covered by the Welfare Reform Act.

There is nothing in Reg. 52 that suggests that a conversion to ESA(IR) would prevent a claimant being moved back to ESA(CB), for example; there is no requirement to re-check NI Contributions.

www.legislation.gov.uk/ukpga/2012/5/section/52/enacted

It would seem to be wrong (legally) if someone loses their ESA(CB) and is not eligible for ESA(IR) but can then reclaim it if they qualify for the SG, but someone who loses their ESA(CB) and is eligible for ESA(IR) cannot then receive ESA(CB) on being put in the SG.

This has been discussed on the rightsnet site, by qualified WRO's and they have not come up with a definitive answer either.

So you may wish to bear this in mind.

bro58