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esa support group to wra
8 years 3 months ago - 8 years 3 months ago #148784 by
Hi l,
If you are in The SG in receipt of CB ESA, any time spent in The SG in receipt of CB ESA does not count against your 365 days entitlement to payment of CB ESA.
Therefore, if you were then placed into The WRAG at a re-assessment, as long as this was your first time in The WRAG, you would still have your full 365 days entitlement to payment of CB ESA.
If you then requested an MR/Appeal of the WRAG decision you would continue to receive The CB ESA in The WRAG for the 365 days, or until the decision was changed in your favour.
Once you have exhausted your 365 days of CB ESA "whilst not in The SG" you would be financial assessed to see whether you can qualify for Income Related (IR) ESA payments.
If any part of your ESA payments is IR ESA, even a penny, there is no 365 days rule at all.
See : 12 Month Limit for ESA(CB)
Asset rule for receipt of IR ESA
&
24 hour work rule for payment of IR ESA
From our : ESA FAQ’s
If you are placed into the WRAG in receipt of CB ESA alone, exhaust your 365 days, and are not entitled to payment of IR ESA, you will receive NI Credits only which will go towards your State Pension only.
Under that scenario, as long as you do not close your ESA claim, if you were again placed into The SG at some future re-assessment or review, your payments of CB ESA would be reinstated and remain in payment for as long as you remained in The SG.
Confirmation regarding you not having to take part in WRA as you are either in receipt of NI credits only, and/or have reached the same age as The State Pension Age of a women with the same DOB as you, can be seen in: DMG Chapter 53 @ Para 53014. 3. & 4.
"53014 The conditions referred to in DMG 53013 are that the claimant is
1. entitled to ESA or an advance award of ESA2 has been made (DMG 53200 et seq)
and
2. not a member of the support group
and
3. under the age at which a woman of the same age as the claimant attains pensionable age (see DMG Chapter 75)
and
4. not a person who is only entitled to ESA(Cont) payable at nil rate
and
5. not a lone parent who is responsible for and a member of the same household
as a child aged under one."
From : DM Guide CH 53.
See also : ESA Regulation 54 (2) (c) and (d)
(Payable at "nil rate" means in receipt of NI credits only !)
If you are going to use : The State Pension Age Calculator from the link provided by Gordon, remember to do so as a Woman, with your own DOB.
Obviously, if you want your own SPA, you would do so as a Man, unless of course you are Female !
As you don’t have to comply with WFI’s you don’t have to comply with any other form of WRA either.
bro58
Replied by on topic esa support group to wra
lawson wrote: Hi guys
Sorry - this must have been addressed many times but I have been through FAQ and can't find an answer.
Q. If in the support group (CB) and reassessed as only qualifying for the WRAG (still CB) what is paid ? I understand that wrag means only qualifying for 365 days but is there is a payment for this other than NI contributions?
Obviously a mandatory reconsideration would be applied for but in the meantime or if not reversed what would be any benefit due?
Also is it still applicable that no work focused interviews would be mandatory if you are male and the age of retirement for a woman born on the same date?
Sorry but would really appreciate your guidance
Thanks for all of your efforts to help us
Hi l,
If you are in The SG in receipt of CB ESA, any time spent in The SG in receipt of CB ESA does not count against your 365 days entitlement to payment of CB ESA.
Therefore, if you were then placed into The WRAG at a re-assessment, as long as this was your first time in The WRAG, you would still have your full 365 days entitlement to payment of CB ESA.
If you then requested an MR/Appeal of the WRAG decision you would continue to receive The CB ESA in The WRAG for the 365 days, or until the decision was changed in your favour.
Once you have exhausted your 365 days of CB ESA "whilst not in The SG" you would be financial assessed to see whether you can qualify for Income Related (IR) ESA payments.
If any part of your ESA payments is IR ESA, even a penny, there is no 365 days rule at all.
See : 12 Month Limit for ESA(CB)
Asset rule for receipt of IR ESA
&
24 hour work rule for payment of IR ESA
From our : ESA FAQ’s
If you are placed into the WRAG in receipt of CB ESA alone, exhaust your 365 days, and are not entitled to payment of IR ESA, you will receive NI Credits only which will go towards your State Pension only.
Under that scenario, as long as you do not close your ESA claim, if you were again placed into The SG at some future re-assessment or review, your payments of CB ESA would be reinstated and remain in payment for as long as you remained in The SG.
Confirmation regarding you not having to take part in WRA as you are either in receipt of NI credits only, and/or have reached the same age as The State Pension Age of a women with the same DOB as you, can be seen in: DMG Chapter 53 @ Para 53014. 3. & 4.
"53014 The conditions referred to in DMG 53013 are that the claimant is
1. entitled to ESA or an advance award of ESA2 has been made (DMG 53200 et seq)
and
2. not a member of the support group
and
3. under the age at which a woman of the same age as the claimant attains pensionable age (see DMG Chapter 75)
and
4. not a person who is only entitled to ESA(Cont) payable at nil rate
and
5. not a lone parent who is responsible for and a member of the same household
as a child aged under one."
From : DM Guide CH 53.
See also : ESA Regulation 54 (2) (c) and (d)
(Payable at "nil rate" means in receipt of NI credits only !)
If you are going to use : The State Pension Age Calculator from the link provided by Gordon, remember to do so as a Woman, with your own DOB.
Obviously, if you want your own SPA, you would do so as a Man, unless of course you are Female !
As you don’t have to comply with WFI’s you don’t have to comply with any other form of WRA either.
bro58
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