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Moved from ESA Support Gr to WCA

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5 years 4 months ago #223063 by dorothy007
Moved from ESA Support Gr to WCA was created by dorothy007
Hello
Please can you help? I am a new member and have written to the DWP concerning an outstanding payment. The letter was sent on the 18th November 2018 stating the following

Dear....Following an appeal which was allowed on the 15th March 2018 (Decision Notice attached) which set aside the decision made by the DWP on the 26th July 2017 to stop my ESA which I had been on since Sept 2015 due to depression, anxiety and trauma. Prior to this, I had been working.

To recap, my ESA was stopped on the 26th July 2017 and I was not receiving any monies at all, and was not claiming JSA (as the DWP representative advised me to do) as this did not make sense, as I was unfit for work. Therefore, as requested, I sent in all my medical certificates (attached) and for which I was put onto the basic rate of £73.10 per week since October 2017 to date, when the CAB advised that I fall under changes in WRAG which does not affect me because the following circumstances apply:
• existing ESA claimants who made a claim before 3 April 2017
• existing ESA claimants who have a further WCA (re-assessment) after 3 April 2017 and are placed into the WRAG, even if they move from the support group to the WRAG

Please can you advise if I am owed any monies and what to do about it? They have not replied at all. Nothing
Yours sincerely,

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5 years 4 months ago #223072 by Gordon
Replied by Gordon on topic Moved from ESA Support Gr to WCA
Dee

What type of ESA were you receiving before the Fit for Work Decision? Income Related, Contribution Based or a combination of the two?

What group were you in before the Decision was made?

Are you able to ring the DWP? Writing to them does create a paper trail but they are not very good at responding to letters.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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5 years 4 months ago #223075 by dorothy007
Replied by dorothy007 on topic Moved from ESA Support Gr to WCA
Dee

What type of ESA were you receiving before the Fit for Work Decision? Income Related, Contribution Based or a combination of the two?

What group were you in before the Decision was made?

Are you able to ring the DWP? Writing to them does create a paper trail but they are not very good at responding to letters.

Gordon

Thank you for your response Gordon I was receiving ESA Support Group and the DWP credited me with national insurance contributions. Following the tribunal the judge moved me back into the ESA, but WRAG Group. A member of the DWP was at the tribunal on March 17th 2017, and I have heard nothing from them at all regarding a rebate evn though I was awarded ESA SG in 2015 and yet I have not been given the rabate for the WRAG Grp difference and have remained on 73.10p since July 2017 I did not ring as I thought a letter may be best, plus I wanted to seek advice of what to say. I rather I had been put in the Support Group again as this is very overwheming went i am not well. Thank you Dee

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5 years 4 months ago #223076 by dorothy007
Replied by dorothy007 on topic Moved from ESA Support Gr to WCA
Hi Gordon I was on ESA support group since 2015, did not work and the DWP paid my national insurance contributions. Although I did well at the tribunal in March 2017, I was moved from the Support Group to WRAG. As yet I have no rebate so wrote the letter because I am still on 73.10 from July 26th 2016 when the DWP stopped payment so f ESA Thank you Dee

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5 years 4 months ago #223077 by Gordon
Replied by Gordon on topic Moved from ESA Support Gr to WCA
Dee

My immediate thought was that your ESA(CB) was time-limited, you can only receive ESA(CB) for 365 days if you are not in the Support Group and you are well past this, however you say that you are still receiving the Assessment rate of ESA and that should have been stopped if the time limit applied.

Do you know if you are eligible for Income Related ESA? ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See

Asset and savings rule for ESA(IR)

24 hour work rule for ESA(IR)

If you are then you would still be entitled to payment and this should include the WRAG component.

So at this point, I can't tell you what you should be receiving, just that the DWP have either overpaid you or underpaid you.

You do need to contact the DWP to understand what their view of the situation is, it is possible that they have not been notified of the Tribunal Decision, it used to be quite common for this to happen, not so much nowadays.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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5 years 4 months ago #223129 by dorothy007
Replied by dorothy007 on topic Moved from ESA Support Gr to WCA
Hi Gordon,

Dee here, Thank you for your advice yesterday and also suggestion to ring the DWP re a rebate. Well, they were surprised that no-one had got back to me in over a year and that I was still on the assessment rate for the ESA even though moved the WRAG from the Support Group after my tribunal win. Anyway they are urgently refunding the monies that they owe me and putting me on the correct rate. I asked how did this happen as they had all my documents on the screen when they looked..they said they had no idea why this was not picked up on. The caller was very nice and urgently asked the Manager to ring me. Thanks Dee

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