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Awarded ESA WRAG at tribunal today
- Forgetmenot22
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5 years 8 months ago #225730 by Forgetmenot22
Awarded ESA WRAG at tribunal today was created by Forgetmenot22
Hi,
Could anyone please advise me? My partner claimied ESA contribution based for the first time in Dec 2017 but in May 2018 after his f2f he was found to be fit for work and transferred to JSA. He appealed and came off JSA, transferred back to ESA assessment rate whilst awaiting appeal. His tribunal hearing was today and they have placed him in the WRAG group with no assessment for 2 years. Does this mean his ESA payments will stop and will they want him to repay any overpayments. By rights his payments would have stopped in dec 2018. Also his conditions have severely deteriorated and he has new conditions, can he therefore ask ESA for a reassessment even though the tribunal stated no reassessment for 2 years. Any advise would be greatly appreciated.
Could anyone please advise me? My partner claimied ESA contribution based for the first time in Dec 2017 but in May 2018 after his f2f he was found to be fit for work and transferred to JSA. He appealed and came off JSA, transferred back to ESA assessment rate whilst awaiting appeal. His tribunal hearing was today and they have placed him in the WRAG group with no assessment for 2 years. Does this mean his ESA payments will stop and will they want him to repay any overpayments. By rights his payments would have stopped in dec 2018. Also his conditions have severely deteriorated and he has new conditions, can he therefore ask ESA for a reassessment even though the tribunal stated no reassessment for 2 years. Any advise would be greatly appreciated.
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- Gordon
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5 years 8 months ago #225744 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Awarded ESA WRAG at tribunal today
Shirley
He is only entitled to ESA(CB) for 365 days if he is not in the Support Group, the period that he received JSA should not count against this. If he is eligible then his ESA(CB) can be transferred to an Income Related ESA claim, if this happens then he can continue to receive payments although he will only be entitled to the Personal Allowance plus any Premiums that are payable.
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 he can show that he now meets the Support Group criteria then he can ask to be reassessed but understand that this will be a full reassessment of his claim, a new ESA50 and almost certainly a face to face assessment. If he is placed in the SG then his ESA(CB) can be put back into payment from the date of the new Decision.
Gordon
He is only entitled to ESA(CB) for 365 days if he is not in the Support Group, the period that he received JSA should not count against this. If he is eligible then his ESA(CB) can be transferred to an Income Related ESA claim, if this happens then he can continue to receive payments although he will only be entitled to the Personal Allowance plus any Premiums that are payable.
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 he can show that he now meets the Support Group criteria then he can ask to be reassessed but understand that this will be a full reassessment of his claim, a new ESA50 and almost certainly a face to face assessment. If he is placed in the SG then his ESA(CB) can be put back into payment from the date of the new Decision.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Forgetmenot22
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5 years 8 months ago #225828 by Forgetmenot22
Replied by Forgetmenot22 on topic Awarded ESA WRAG at tribunal today
Gordon,
Thank you for your reply, that's really helpful.
I'd like to say a big thank you for this fantastic website. Your guides have been a great help to us over the last few weeks.
Shirley
Thank you for your reply, that's really helpful.
I'd like to say a big thank you for this fantastic website. Your guides have been a great help to us over the last few weeks.
Shirley
The following user(s) said Thank You: Gordon
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