Esa help

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 ?

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!)?

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.

Hi they did attend a tribunal hearing and got a decision for wrag with reg 29. Hope this helps

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.

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