Is benefit affected?

sean cullen wrote: My wife has been placed in the WRAG for employment and support allowance and we are appealing to be put into the support group. Will her benefits be reduced while we are appealing and if so what would she be expected to be paid, also she has been sent a letter to attend a work focused interview if she does not attend how long do they stop her benefits for/ or reduce it to what amount? Thanks.

She will receive the WRAG rate, if she is receiving Contribution Based ESA, then this will be limited to 365 days, after which payments will only continue if she is eligible for Income Related ESA or she is put in the Support Group.

If she fails to attend a WFI without Good Cause then her benefit will be sanctioned (probably £71/week), the sanction remains in place until she actually attends a WFI.

If her physically attending is an issue then she should contact the JC+ advisor in advance to see whether the WFI can be held over the phone, in principle she can request it be done at your home, but this is virtually unheard of. Whether the advisor will do the WFI over the phone is at their discretion.

Gordon

sean cullen wrote: Is the WRAG rate the full amount? She gets £107.35 a week so will she keep this? Thanks.

Yes, she will receive this while appealing subject to the limit I mentioned and providing she is not sanctioned.

Gordon

sean cullen wrote: Last question. How long is the appeals process taking. I went to the C.A.B today and they stated 10 weeks but have read differently on different sites? Thanks.

There is considerable regional variation, so it is difficult, if not impossible, to give an accurate indication.

Before the request is passed to the Tribunal Service, the DWP will carry out a Reconsideration to see whether the Decision can be revised in your favour. There is no time limit for a Reconsideration, but they are typically in the range 6- 13 weeks, however, we are also aware of some taking six months or more.

If the DWP do not revise the Decision it will be passed to the Tribunal Service for a hearing, again times vary, but I would say you are then looking at a further 6-10 months before a hearing is convened. I have to warn you that we are regularly hearing from members who's payments have been stopped before they have had the hearing, although the good news is that a lot of our members are winning their appeal to be placed in the SG.

If she is placed in the SG then she will receive back payment for the difference between the WRAG and the SG plus any missed payments.

Gordon