ESA and WFI

Good afternoon,

I am seeking your expert clarification, please, on the following:-

in a letter dated 4th October, 2012, the DWP informed me that I had been deemed fit for work, following my unsuccessful transfer from IB to ESA and that my IB payments would cease as from the 22nd October, 2012. I decided to appeal this decision and have been receiving EESA since then. My appeal was forwarded to the Tribunals Service, as the reconsideration failed to overturn the decision, and two submissions were subsequently sent on my behalf to the court. I have today received my final payment of contribution based ESA and will not be entitled to any IR benefit. Also today, I have received a letter from Jobcentre Plus with an appointment to attend a WFI on the 6th November, 2013! For the sake of the relative brevity of this message, I suspect that the DWP have rolled over and awarded me WRAG status, which has yet to be conveyed to me! If that is the case, I will make a further decision as to whether to appeal this award when I have more information to hand. However, if I remain in the WRAG, as my entitlement to CB ESA ends tomorrow, and I will only be in receipt of NI credits from now on, am I obliged to attend the aforementioned WFI on the 6th November, 2013? If I subsequently decide to appeal, with the worst case scenario that I could again be found fit for work, what would happen to the back monies owed to me for the last year in the WRAG? Would I be expected to repay this sum? To complicate matters still further, if the original ATOS prognosis of three months were to again be accepted by the DWP, I am likely to receive a new ESA50 any day now, possibly even before they send me the decision letter regarding my current appeal!!! What a shambles!!! However, I am hoping you can give me your initial thoughts with regard to the WFI attendance question and also the safety of the back payments in the event of a subsequent failed appeal of this new decision.

Thank you for all the invaluable assistance you provide on this site.


Spridgett

Thank you for your response, Gordon. Your clarification with regard to the WFI interview situation is much appreciated.

However, I am still in the dark with regard to the "safety" of the back monies due to be paid to me for my last year in the WRAG. If I was to appeal this WRAG decision, to try to secure my placement in the Support Group but, in the worst case scenario was instead found fit for work, would I be required to repay the WRAG monies paid to me as a result of the remaking of the original decision from October, 2012?

Thanks again for your clarification of the above.


Spridgett