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Esa help
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10 years 9 months ago - 10 years 9 months ago #106898 by kris02
Esa help was created by kris02
Hi
Am new to this site and really need some help. My friend has just won appeal but put into wrag. When contacted DWP they advised her to appeal the decision to be put into support group. It mention regulation 29. Can anyone help. ? What should she do now ?
Am new to this site and really need some help. My friend has just won appeal but put into wrag. When contacted DWP they advised her to appeal the decision to be put into support group. It mention regulation 29. Can anyone help. ? What should she do now ?
Last edit: 10 years 9 months ago by slugsta.
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10 years 9 months ago #106902 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Esa help
Hi Kris and Welcome to Benefits and Work
If your friend has already been to the appeal tribunal then I'm afraid that her options are now limited. The only way that this can be taken further is if it can be shown that the Tribunal panel made an 'Error in Law'.
What is an Error of Law?
As a first step, as long as there has been less than one month since the tribunal, she should contact the Tribunal Service and ask for a 'Statement of Reasons'
Tribunals – Requesting a Statement of Reasons
Then you should seek expert legal advice to decide whether there has been such an error in law. I believe that legal aid is still available, to those who qualify, for second tier appeals.
The claimant would be obliged to undertake Work Focussed Interviews while awaiting any further appeal
Work Focussed Interviews
I don't know whether she would also be mandated to the Work Program if she is given permission to appeal to the second tier
Work Programme
I am afraid that Contributary ESA is limited to 365 days in the WRAG, after which the claimant will be means tested to see if they are eligible for income-related ESA. If not, payment will stop and NI credits only will be made
12 Month Limit for ESA(CB)
Please will you confirm that your friend did actually go to appeal rather than just ask for a reconsideration (as the process is very different if the latter is the case!)?
If your friend has already been to the appeal tribunal then I'm afraid that her options are now limited. The only way that this can be taken further is if it can be shown that the Tribunal panel made an 'Error in Law'.
What is an Error of Law?
As a first step, as long as there has been less than one month since the tribunal, she should contact the Tribunal Service and ask for a 'Statement of Reasons'
Tribunals – Requesting a Statement of Reasons
Then you should seek expert legal advice to decide whether there has been such an error in law. I believe that legal aid is still available, to those who qualify, for second tier appeals.
The claimant would be obliged to undertake Work Focussed Interviews while awaiting any further appeal
Work Focussed Interviews
I don't know whether she would also be mandated to the Work Program if she is given permission to appeal to the second tier
Work Programme
I am afraid that Contributary ESA is limited to 365 days in the WRAG, after which the claimant will be means tested to see if they are eligible for income-related ESA. If not, payment will stop and NI credits only will be made
12 Month Limit for ESA(CB)
Please will you confirm that your friend did actually go to appeal rather than just ask for a reconsideration (as the process is very different if the latter is the case!)?
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 9 months ago #106910 by kris02
Replied by kris02 on topic Esa help
Thanks for the information. She is very confused as it the DWP who advised her to appeal the wrag decision to go into support group.
How do you think she is best to proceed. They have sent her a GL24 to complete . She is classed as a couple so will not receive any benefit as her partner now been advised she in with their claim. He already on esa support.
How do you think she is best to proceed. They have sent her a GL24 to complete . She is classed as a couple so will not receive any benefit as her partner now been advised she in with their claim. He already on esa support.
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10 years 9 months ago - 10 years 9 months ago #106912 by kris02
Replied by kris02 on topic Esa help
Hi they did attend a tribunal hearing and got a decision for wrag with reg 29. Hope this helps
Last edit: 10 years 9 months ago by slugsta.
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10 years 9 months ago #106916 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Esa help
If your friend attended a tribunal then I'm afraid that their only hope, this time round, is if there was an Error in Law. She should request a Statement of Reasons as soon as possible (if it is not already more than a month since the tribunal) if she wants to try and take things further.
I must warn you that DWP would also receive a copy of the Statement of reasons and would be alerted that your friend was thinking of appealing. although rare, it is possible that DWP could find and Error in Law and also appeal against the decision to award ESA.
Failing that, your friend could well be put into the Support Group as a result of a routine reassessment (anything from 3 months to 2 years hence). Or, if her condition were to deteriorate significantly, she could ask DWP for a 'Supersession'. This would start the assessment process all over again and the onus would be on your friend to prove that 1)Her condition has worsened since the first decision and 2) she now meets Support Group criteria
Qualifying for the Support Group
As it appears that your friend is receiving income-related ESA, there is no time limit to this, her husband will be getting extra money for her.
I must warn you that DWP would also receive a copy of the Statement of reasons and would be alerted that your friend was thinking of appealing. although rare, it is possible that DWP could find and Error in Law and also appeal against the decision to award ESA.
Failing that, your friend could well be put into the Support Group as a result of a routine reassessment (anything from 3 months to 2 years hence). Or, if her condition were to deteriorate significantly, she could ask DWP for a 'Supersession'. This would start the assessment process all over again and the onus would be on your friend to prove that 1)Her condition has worsened since the first decision and 2) she now meets Support Group criteria
Qualifying for the Support Group
As it appears that your friend is receiving income-related ESA, there is no time limit to this, her husband will be getting extra money for her.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: kris02
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10 years 9 months ago - 10 years 9 months ago #106919 by kris02
Replied by kris02 on topic Esa help
Her condition has worsened as she has chronic kidney disease with only one remaining kidney which only working to 30%. Would it help to enclose a letter from consultant advising of this issue do you think?
She suffers from depression and anxieity and wonders whether she should persue this appeal for not
I really do appreciate all the advice and help given thank you so much
She suffers from depression and anxieity and wonders whether she should persue this appeal for not
I really do appreciate all the advice and help given thank you so much
Last edit: 10 years 9 months ago by slugsta.
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