- Posts: 1
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- Won tribunal didn't realise implications of WRAG
× Members
Won tribunal didn't realise implications of WRAG
- Karen
- Topic Author
- Offline
Less More
7 years 9 months ago #164062 by Karen
Won tribunal didn't realise implications of WRAG was created by Karen
Morning I need some help please my husband has a long term condition called Perianal and Ischiorectal fistulating disease where he has abscesses and fistulas around his bowel, it's incurable and he lives with sepsis, when it flares up out of control he becomes very poorly and has to go to hospital as an emergency.
Last year while in hospital where he had 2 emergency operations in one week he was finished by his work and had to claim ESA. After review it was stopped we went to tribunal and won, BUT we didn't realise the implications of the WRAG group.
The judge said he was a danger to himself or others and recommended he should not be assessed for 18 months, however the DWP has other ideas and he has been contacted to go in for his first meeting 2nd August.
I'm not prepared to leave it at this and I need help about where we go next, appeal was 21st June had I realised I would have appealed judge's decision but I think I'm too late? Letters say ESA paid for 365 days and ends in November what happens next?
Do we start process again when judge said Ian shouldn't be reviewed for 18 months, is the tribunal process worth the paper it's written on?
Thanks
Karen
Last year while in hospital where he had 2 emergency operations in one week he was finished by his work and had to claim ESA. After review it was stopped we went to tribunal and won, BUT we didn't realise the implications of the WRAG group.
The judge said he was a danger to himself or others and recommended he should not be assessed for 18 months, however the DWP has other ideas and he has been contacted to go in for his first meeting 2nd August.
I'm not prepared to leave it at this and I need help about where we go next, appeal was 21st June had I realised I would have appealed judge's decision but I think I'm too late? Letters say ESA paid for 365 days and ends in November what happens next?
Do we start process again when judge said Ian shouldn't be reviewed for 18 months, is the tribunal process worth the paper it's written on?
Thanks
Karen
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51076
7 years 9 months ago #164070 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Won tribunal didn't realise implications of WRAG
Karen
It's not clear from your post, forgive me, whether your concern is over the activities that your husband is being asked to do while in the WRAG or the fact that his ESA(CB) will cease in November, if the latter then this is not a reason for further appeal.
In regard the appeal, your options are limited, you can take the matter further but not because you disagree with the Decision, only because you can show that there has been an Error or Law.
What is an Error of Law?
The first stage to this is for you to request a Statement of Reasons from the Judge of the Hearing, however, this must be done within one month of the hearing so you are now out of time, but you have nothing to lose by making the request as soon as possible but you will need to include a letter explaining why it is late.
Unfortunately, challenging the appeal Decision will not resolve the matter in the short term and while your husband remains in the WRAG then he remains subject to attending WFIs and participating in Work Related Activity.
If you can show that your husbands condition has worsened since he was last assessed and can provide medical evidence to support this, then you can ask for his claim to be reassessed, this will result in a new ESA50 and likely a face to face. You will need to show that he meets one of the Support Group descriptors, see the ESA Claim guides.
www.benefitsandwork.co.uk/help-for-claimants/esa1
However, as he appears to have qualified under Regulation 29 for the WRAG you may struggle to show this, as the Exceptional Circumstances are only applied when the claimant fails to meet any of the normal descriptors.
In November your husbands ESA(CB) payments will cease. If he is also entitled to Income Related ESA then he will continue to receive this, if he is not then he technically remains in the WRAG but does not have to attend any activities and will continue to receive NI Credits which count towards a full State Pension. ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
If you have further questions then please reply to this post and we will do our best to help.
Gordon
It's not clear from your post, forgive me, whether your concern is over the activities that your husband is being asked to do while in the WRAG or the fact that his ESA(CB) will cease in November, if the latter then this is not a reason for further appeal.
In regard the appeal, your options are limited, you can take the matter further but not because you disagree with the Decision, only because you can show that there has been an Error or Law.
What is an Error of Law?
The first stage to this is for you to request a Statement of Reasons from the Judge of the Hearing, however, this must be done within one month of the hearing so you are now out of time, but you have nothing to lose by making the request as soon as possible but you will need to include a letter explaining why it is late.
Unfortunately, challenging the appeal Decision will not resolve the matter in the short term and while your husband remains in the WRAG then he remains subject to attending WFIs and participating in Work Related Activity.
If you can show that your husbands condition has worsened since he was last assessed and can provide medical evidence to support this, then you can ask for his claim to be reassessed, this will result in a new ESA50 and likely a face to face. You will need to show that he meets one of the Support Group descriptors, see the ESA Claim guides.
www.benefitsandwork.co.uk/help-for-claimants/esa1
However, as he appears to have qualified under Regulation 29 for the WRAG you may struggle to show this, as the Exceptional Circumstances are only applied when the claimant fails to meet any of the normal descriptors.
In November your husbands ESA(CB) payments will cease. If he is also entitled to Income Related ESA then he will continue to receive this, if he is not then he technically remains in the WRAG but does not have to attend any activities and will continue to receive NI Credits which count towards a full State Pension. ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris