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Appeals query

  • pete17971
14 years 2 weeks ago - 14 years 2 weeks ago #34549 by pete17971
Replied by pete17971 on topic Re:Appeals query
Gareth wrote:

Thanks.

So just to clarify and to be clear. When you submit your GL24 stating that you don't believe that you should be in the WRAG of ESA (be it CB or IB) but the Support Group the DWP/DM will allow you to stay in the WRAG until the time that the appeals panel decides which group you should be in?

I suppose the follow on question is what happens in 2012 when/if the 1 year time limit comes in for CB ESA and your appeal takes >1 year to be heard. Do you get thrown off CB ESA after the 1 year then wait for the appeal and hopefully the appeal goes in your favour and you get re-instated into the Support Group of CB ESA with any money owed to you paid back?



Hi Gareth,

Yes, your first paragraph is how I understand it.

Re your second paragraph, if it takes in excess of one year for the first tier tribunal, I don't know, neither do I think the DWP know either. Untli the necessary legislation is passed (if it is) limiting the WRAG to one year then I suppose we will need so see exactly what has been legislated for and its consequences. So far there has been no white paper submitted containing all the relevant detail.

Pete
Last edit: 14 years 2 weeks ago by pete17971.

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  • originaldave
14 years 2 weeks ago #34565 by originaldave
Replied by originaldave on topic Re:Appeals query
pete17971 wrote:

Gareth wrote:

Thanks.

So just to clarify and to be clear. When you submit your GL24 stating that you don't believe that you should be in the WRAG of ESA (be it CB or IB) but the Support Group the DWP/DM will allow you to stay in the WRAG until the time that the appeals panel decides which group you should be in?

I suppose the follow on question is what happens in 2012 when/if the 1 year time limit comes in for CB ESA and your appeal takes >1 year to be heard. Do you get thrown off CB ESA after the 1 year then wait for the appeal and hopefully the appeal goes in your favour and you get re-instated into the Support Group of CB ESA with any money owed to you paid back?



Hi Gareth,

Yes, your first paragraph is how I understand it.

Re your second paragraph, if it takes in excess of one year for the first tier tribunal, I don't know, neither do I think the DWP know either. Untli the necessary legislation is passed (if it is) limiting the WRAG to one year then I suppose we will need so see exactly what has been legislated for and its consequences. So far there has been no white paper submitted containing all the relevant detail.

Pete


I thought the white paper was out sometime this week :unsure:

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  • originaldave
14 years 2 weeks ago #34570 by originaldave
Replied by originaldave on topic Re:Appeals query
Dave wrote:

pete17971 wrote:

Gareth wrote:

Thanks.

So just to clarify and to be clear. When you submit your GL24 stating that you don't believe that you should be in the WRAG of ESA (be it CB or IB) but the Support Group the DWP/DM will allow you to stay in the WRAG until the time that the appeals panel decides which group you should be in?

I suppose the follow on question is what happens in 2012 when/if the 1 year time limit comes in for CB ESA and your appeal takes >1 year to be heard. Do you get thrown off CB ESA after the 1 year then wait for the appeal and hopefully the appeal goes in your favour and you get re-instated into the Support Group of CB ESA with any money owed to you paid back?



Hi Gareth,

Yes, your first paragraph is how I understand it.

Re your second paragraph, if it takes in excess of one year for the first tier tribunal, I don't know, neither do I think the DWP know either. Untli the necessary legislation is passed (if it is) limiting the WRAG to one year then I suppose we will need so see exactly what has been legislated for and its consequences. So far there has been no white paper submitted containing all the relevant detail.

Pete


I thought the white paper was out sometime this week :unsure:


wrong the consultaion only finished on the first
www.dwp.gov.uk/consultations/2010/21st-century-welfare/

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More
14 years 2 weeks ago #34573 by Steve Donnison
Replied by Steve Donnison on topic Re:Appeals query
Nonetheless, the latest welfare reform white paper is out this week.

Steve

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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14 years 2 weeks ago #34574 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:Appeals query
It is, but a "white paper" is an informal name for a parliamentary paper enunciating government policy; in the United Kingdom these are mostly issued as "Command papers". White papers are issued by the government and lay out policy, or proposed action, on a topic of current concern. Although a white paper may on occasion be a consultation as to the details of new legislation, it does signify a clear intention on the part of a government to pass new law.

IDS has already admitted that his plans to replace all current benefits ( excluding DLA) with a single credit would take 10 years to implement.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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