IB change to ESA

I was receiving IB.

28/04/12 - informed it will change to ESA - enclosed form ESA50 03/11)
07/06/12 - completed old form (ESA50 03/11) ie mobility upto 50 metres
02/07/12 - DWP will pay ESA from 25/07/12 - placed in the Work Related Activity Group
06/07/12 - Appeal saying I cannot walk more than 30 - 40 yards without having to stop.
23/03/13 - letter from DWP (ESA85A) I did not meet any of the descriptors dealing with limited capability for work-related activity.

28/03/13 - letter from Tribunal Service - they will write to me within 12 - 16 weeks to say when the hearing will be

The law they quote is ESA REGS 2008 REG 34 SCHEDULE 3 - this seems to seems to be the NEW 30 metres descriptor. Is this correct or should they still be referring to 50 metres as shown in the ESA 50?

Any help would be very welcome.

Many thanks

bowman wrote: I was receiving IB.

28/04/12 - informed it will change to ESA - enclosed form ESA50 03/11)
07/06/12 - completed old form (ESA50 03/11) ie mobility upto 50 metres
02/07/12 - DWP will pay ESA from 25/07/12 - placed in the Work Related Activity Group
06/07/12 - Appeal saying I cannot walk more than 30 - 40 yards without having to stop.
23/03/13 - letter from DWP (ESA85A) I did not meet any of the descriptors dealing with limited capability for work-related activity.

28/03/13 - letter from Tribunal Service - they will write to me within 12 - 16 weeks to say when the hearing will be

The law they quote is ESA REGS 2008 REG 34 SCHEDULE 3 - this seems to seems to be the NEW 30 metres descriptor. Is this correct or should they still be referring to 50 metres as shown in the ESA 50?

Any help would be very welcome.

Many thanks

Hi b,

As you filled in The "old" ESA50 03/11, and the date of the adverse decision to place you into The WRAG was 25/07/12.

The Tribunal would be looking at whether you qualified for The SG at the time of the adverse decision.

Therefore the relevant Legislation would be :

(LCW) WRAG Descriptors Schedule 2 (2011)

&

(LCWRA) SG Descriptors Schedule 3 (2011)

And/ Or The Exceptional Circumstances Rules 2011 :

ESA Reg 29 for entry to The WRAG (LCW)

&

ESA Reg 35 for entry to The SG (LCWRA)

bro58