Tribunal

Hello.having sent my appeal against ATOS/DMA no points awarded decision i received a letter saying w will look again send more evidence etc which i did, ive now received letter saying no change go to tribunal,myquery is as i was in support group prior to this it looks like i am now in wrag which due to my lees than small per wk occ pensions is impacted by the deduction,should i have stayed in support until tribunal which i am told could be months
Thanks
Kettle

Kettle wrote: Hello.having sent my appeal against ATOS/DMA no points awarded decision i received a letter saying w will look again send more evidence etc which i did, ive now received letter saying no change go to tribunal,myquery is as i was in support group prior to this it looks like i am now in wrag which due to my lees than small per wk occ pensions is impacted by the deduction,should i have stayed in support until tribunal which i am told could be months
Thanks
Kettle

Hi K,

I am rather confused,

At the beginning of your post, and looking back on previous posts, you stated that you had appealed a "fit for work" decision.

At the end of you post, you state :

" it looks like i am now in wrag"

If you have been placed in The WRAG, after reconsideration of the fit for work decision, and still think that you should qualify for the SG, then you would have to issue a fresh appeal to the reconsidered WRAG decision.

Whatever the decision is that you are appealing, that decision stands, until either it is changed at the automatic reconsideration stage, or if not then, until the Tribunal Hearing.

What will I be paid while I appeal?

If you wish to clarify, please reply to this topic after 8PM this evening when the forum reopens for new posts.

bro58.

Apologies,my assumption that i was in wrag was based on the new pay amount schedule that accompanied my tribunal pack,the breakdown shows my occ pension as household income and is therefore deducted,having rang dwp later this afternoon when i queried this i was told that while appeal is in progress i am not in any'group',i assumed Wrag as i believe that while in the support group occ pensions are disregarded,the relevance as to which group i am/was in obviously has an impact on my income and my obligations re Avanta (my work providers) Wfi,s etc,having waited 45 minutes for someone to answer when i rang etc i forgot to ask the guy about this,having said that with my medication and all things considered thats partly why my gp wont sign me off hence my original query as to which group(if any) i should be in while appealing,mind since my initial placement last year ive been bounced between'support group' and 'Wrag',so i assume its just a case of its cheaper for DWP to have me and my occ pensions in Wrag so to speak,Hope this clarifys my query,Thanks

Kettle wrote: Apologies,my assumption that i was in wrag was based on the new pay amount schedule that accompanied my tribunal pack,the breakdown shows my occ pension as household income and is therefore deducted,having rang dwp later this afternoon when i queried this i was told that while appeal is in progress i am not in any'group',i assumed Wrag as i believe that while in the support group occ pensions are disregarded,the relevance as to which group i am/was in obviously has an impact on my income and my obligations re Avanta (my work providers) Wfi,s etc,having waited 45 minutes for someone to answer when i rang etc i forgot to ask the guy about this,having said that with my medication and all things considered thats partly why my gp wont sign me off hence my original query as to which group(if any) i should be in while appealing,mind since my initial placement last year ive been bounced between'support group' and 'Wrag',so i assume its just a case of its cheaper for DWP to have me and my occ pensions in Wrag so to speak,Hope this clarifys my query,Thanks

Hi K,

Once someone appeals a fit for work decision, and submits a fit note obtained from their G.P. to cover them from the date of the fit for work decision, they are then entitled to The Assessment Rate of ESA, which is currently £71.70 for a single over 25.

When were you referred to a Works Programme Provider, (Avanta), as if you are assessed as fit for work, you do not have to comply with any WRA whilst appealing ?

Still confused ??

bro58

Kettle, you said something about Occupational pension being disregarded whilst in the Support Group but I'm afraid that it is not so straightforward.

For new contributary ESA claimants, any occupational pension is considered and can reduce the amount paid if it amounts to more than £85 per week - whether in the Support Group or WRAG. For income-related ESA, all occupational pensions count as income.

Some people who have been transferred form IB have transitional arrangements such that the pension is disregarded under ESA if it was previously disregarded under IB. This situation would continue for as long as the claimant is on contributory ESA (without a break).

This might not change anything in your case, but it might be significant for someone else who reads this topic

Hi K,

Whether your OP is disregarded is not reliant on whether you are in The WRAG or SG.

If you are transferred over from IB, and your OP was previously exempt, then it would still be exempt if successfully placed into The WRAG or The SG.

Will my pension be disregarded under ESA?

If you were not previously exempt, and you are in receipt of CB ESA only in either group, then there is an £85/Week disregard, for anything in excess of that there would be a 50 Pence in the Pound deduction from your weekly ESA.

If any part of your ESA in either group is IR ESA, then all of your OP would be classed as income with respect to the means test for IR ESA.

bro58