ESA - wrag/support group

Hi all
Just a query - hope you can help.

Question: We have printed and read your excellent guides re:ESA.

Some one was transferred from IB directly to Support Group as they included as much medical information as possible with the PDF form that my wife completed for them (she is actually doing this also from rambling dictation).

We are a bit confused why it could be a risky strategy to appeal (or ask to be re-considered) if the next time they are for some reason put
in the WRAG (this should not happen as they have an incurable degenerative condition). We are following the guide "Employment and Support Allowance Mandatory Reconsiderations and Appeals October 2013". Below is only a part of Page 5 ,section 3 and obviously should not be taken out of context:

"Is there any risk if you challenge a decision?"

However if you have been awarded ESA with the work-related activity component there is a
potential risk involved in challenging the decision. This is because by asking to have the

decision looked at again, you open up the possibility that a new decision will be made that you

are not entitled to any rate of ESA at all.(end of quote) and further on re:"The Emotional Effects"

not only is there no certainty of success, you might even

end up worse off if you are appealing to be moved from the work-related activity group to the

support group.(end of quote). Thank you for this guidance. Please could anyone help with the following questions?




•Having been in receipt of ESA or IB for more than 12 months would they have nothing to lose by asking for a re-consideration?

•Or does it mean solely that no further NI would be contributed?

•Equally if they were not in a position through physical issues on the day to attend "work based interviews" and they were receiving no benefit anyway what sanctions could be applied?

•Finally if they were (wrongly) placed in the "fit for work" group could they then claim JSA even though they have had 12months ESA benefit and would still be unfit to work ?

So sorry to ask so much but have not found answers in FAQ areas and you guys are the only people who work so hard to keep on top of things.Thanks for all of your help.

Very best regards and gratitude

Lawson

Hi Lawson,

There are 2 potential dangers if someone asks for reconsideration of the decision to put them into contributory WRAG after payment has stopped.

Firstly, as you identified, there is the risk of losing NI credits towards their state pension. This has varying significance depending on how many years of contributions/credits they have to their name.

Secondly, a claimant still has the potential to be put into the Support Group at a future assessment, and payment restarting, as long as they have continued to be classed as 'unfit for work'. If the claimant is found, at appeal, to be not eligible for ESA, then the claim will end and it would be very difficult/impossible for the claimant to qualify for contributory ESA in the future.

Thank you Mrs. Hurtyback - this is much appreciated. However could you just advise on the last piece please.

"•Equally if they were not in a position through physical issues on the day to attend "work based interviews" and they were receiving no benefit anyway what sanctions could be applied?


Thanks again

Lawson

Sorry Gordon - I have been unable (pain issues) to thank you for your reply until now. Your answer confirms my thoughts.

Finally - I would think that if 40 years of NI had been paid then a full pension (and SERPS has also been paid for many years) would be paid at retirement age?

Last time I'll bother you on this

With gratitude
Lawson