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TOPIC: I won my ESA Tribunal!!

I won my ESA Tribunal!! 9 months 1 week ago #151783

Think I have submitted query but can't see it.

If I am placed the ESA (Contribution Based) SSG wanted to ask could they
help me with some interest on Mortgage.
Feel perhaps a no. Also appreciated it will become a loan!!

Thanks guys, I am ensuring I do search site first and I will post under this one Thread hope that is okay.
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I won my ESA Tribunal!! 9 months 1 week ago #151785

I wrote too soon!
Letter arrived placed in Work Activity group.
However they have put that is ok. They said my hearing was creditable to warrant a positive possession.
(In the other notes they did emphasise I would not be going for jobs. I will see someone at the JCA
initially. They make out sound 'very comforting' about this group regarding sessions of CTB

Longer term is think this is preferable to myself.
Forget previous question about mortgage!

NO mention of back payment??
Thanks all
As soon as you see these brown envelopes, if you're having a panic attack I hate opening them!!
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I won my ESA Tribunal!! 9 months 1 week ago #151794

  • bro58
  • OFFLINE
  • Forum Moderator
Hi K,

I will try to answer the queries in your 3 posts in this one response ! :)

Firstly, there will always be a variable delay between the time that you submit your post and when it actually shows up on the forum.

This will even be the case in "normal opening hours" depending on how busy we are and how many Mods are on-line.

See : This Topic which is generally near the top of the forum.

I see from your previous topic : Here that this was a fresh ESA claim and that you were not transferred over from another benefit. (IB, IS or SDA)

That being the case The WRAG award given by The Tribunal will be backdated to the start of week 14 of your ESA claim and you will be owed any extra monies as a result of this from that date.

Since April 2015, the extra WRA Component Addition has been £29.05/Week, £28.75/Week from April 2014 to April 2015.

There is no increase this coming year from April 2016 !

See :

Benefit Rates 2015/16

Now, here is the important "bit" !!

If you had entitlement to CB ESA due to you having gained enough NI Contributions from employment in the two preceding Tax Years, you can only receive payment of CB ESA in the Assessment Phase and or The WRAG for 365 days. (There is no such 365 days limit to payment of CB ESA if in The SG)

See : 12 Month Limit for ESA(CB)

Therefore, if you are entitled to CB ESA, payments will only run from the initial date of your ESA claim until 365 days hence, so they will count the period in The Assessment Phase and the period that you have been in The WRAG since the start of week 14 of your claim added together.

Once you have exhausted your 365 days, you should be financially assessed to see whether you can pass the Income Related (IR) ESA means test with respect to capital, assets, savings, household income and any hours worked by a partner if you have one.

24 hour work rule for payment of IR ESA

Asset rule for receipt of IR ESA

If you can't pass the IR ESA means-test, and therefore have no entitlement to payment of IR ESA, your CB ESA payments will cease after the 365 days and you will receive NI Credits (Stamps) only which will go towards your State Pension only.

If you are currently in receipt of any amount of IR ESA, even a penny, or become entitled to IR ESA in the future your payments of ESA will continue after the 365 days but they will switch from CB ESA to IR ESA.

With regards to : SMI, you can only claim SMI if you are also receiving IR ESA.

Even if you are not entitled to any IR ESA presently as top-ups to your CB ESA, you may become entitled if you obtain a Standard or Enhanced PIP Daily Living Award, as that raises the amount that the Government state that you need to live on.

You would have to fulfil the criteria below :

Income Related (IR) ESA Premiums and you would need to be able to pass the IR ESA means test, as all ESA Premiums are paid as IR ESA.

Now that you are in The WRAG you may be compelled to comply with Work Related Activity (WRA) in the form of :

Work Focused Interviews

And/or

The Work Programme

However, they should take into account your limitations in agreeing an action plan with respect to the above.

e.g WFI's can be carried out over the phone, or be deferred, if the JCP Advisor agrees.

If it does come to pass that you do exhaust your 365 days of payment of CB ESA and have no entitlement to IR ESA, as you would then only receive NI Credits, you would no longer have to comply with WRA.

However, you would still remain in The WRAG, and may have to go through periodic reassessments.

If as the result of a reassessment or due to you requesting a review due to a change or deprioration in your condition to such an extent that you qualified for The SG, payments of CB ESA would be reinstated and continue for as long as you remain in The SG.

A lot to take in, I know !!!

Please keep us updated and we will endeavour to provide further advice as and when you need it ! :)

bro58
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 9 months 1 week ago by bro58.
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I won my ESA Tribunal!! 9 months 1 week ago #151797

  • bro58
  • OFFLINE
  • Forum Moderator
Hi K,

I do not wish to overload you with information, but another alternative may be to challenge The First Tier Tribunal Decision (FTT) to The Upper Tier Tribunal (UTT) if you can show that they have erred in law in coming to their decision.

You could look into your options regarding appealing to The Upper Tier Tribunal, (UTT) and if at all possible you should seek professional advice on this from the CAB or the like :

See information regarding gaining advice in : This Topic

I don't know where you live, but if it is in one of the areas covered in the information given in the link below, they may be able to help, or direct you to someone that can :

Legal Aid for UTT Appeals for London, East, S/E England and The Midlands.

Legal Aid is still available for appeals to The UTT.

You first step would be to request a Written Statement of Reasons (S of R) from The Tribunal to gain an explanation of how and why they came to their decision :

Tribunals – Requesting a Statement of Reasons

This must be done within one month of the date of The TS Decision Notice letter that you have received.

Sending Documents to the DWP or The TS.

You or a Rep, would then have to show that The TS had "erred in law" in coming to their decision, in order to appeal to The UTT :

What is an Error of Law?

ERROR IN LAW :

"Errors in Law” can include : Insufficient findings of fact, failure to explain why they have disregarded any evidence favourable to the appellant, failure to explain why they’ve relied on any material evidence against the appellant particularly where that evidence was put at issue by the appellant, complete mishandling of relevant evidence or applying the law incorrectly, etc.

Whilst any appeal to The UTT was ongoing, you would still be in The WRAG and all the information in my previous post would still apply

bro58

bro58
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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I won my ESA Tribunal!! 9 months 1 week ago #151809

Many thanks Mods

Oh boy it's not going into my today, perhaps give it another couple of days' to
sort it out logically in my head

As many people on here will experience how I am... I am pooped!
The hard work is down, couple of days relaxation ..listen to your body!!!

I am very, very fortunate as there are people out there far worse off.
For now 1. I keep sending in my sick notes. 2. and ensuring I never miss an appointment.!

As I suffer with Menieres disease (balance, deafness and tinnitus ) I can now feel my tinnitus increasing which may lead to balance attack. I am totally aware of the effects of this stressful
time has on my body.
Again thanks to all of you! Restores faith in proper, kind human beings!! Again I will do my best to use Twitter and inform others of this service (mind you the mods may have keeled over by then.
nb. I am also going to be very very careful to undertake voluntary work. Right now I couldn't be we just need to try to stay one head of those twits !
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I won my ESA Tribunal!! 9 months 1 week ago #151810

Since April 2015, the extra WRA Component Addition has been £29.05/Week, £28.75/Week from April 2014 to April 2015.

Sorry this is the bit I am unsure of.
No it was down to me posting too early.

THANK YOU
Last Edit: 9 months 1 week ago by bro58.
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Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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