Julie wrote: Yes, I am keeping my landlord up to date so they are aware of what's going on. May I ask, when you and Gordon say "fit for work" do you mean being placed in the WRAG group ?
Hi J,
No, "fit for works" means that you have failed to score the requisite minimum 15 points needed to be placed into The WRAG.
There are 3 possible outcomes with The ESA WCA :
1. Fit for work (not entitled to ESA) as you don't score at least 15 points or more across the WRAG Descriptors.
2. Placed into WRAG as you score at least 15 points across the WRAG Descriptors :
WRAG (LCW)Schedule 2 Descriptors Or under ESA Reg 29 :
ESA REG 29 :
ESA Reg 29 for entry to The WRAG (LCW) PLUS Post 28/01/13 Amendment of :
(3) Paragraph (2)(b) does not apply where the risk could be reduced by a significant amount by—
(a)reasonable adjustments being made in the claimant’s workplace;
or
(b)the claimant taking medication to manage the claimant’s condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.”.
From :
www.legislation.gov.uk/uksi/2012/3096/regulation/3/made See also :
Qualifying for the WRAG 3. Placed into The SG as you also fulfill at least one of The SG Descriptors:
SG (LCWRA)Schedule 3 Descriptors Or under ESA Reg 35 :
ESA Reg 35 for entry to The SG (LCWRA) PLUS Post 28/01/13 Amendment of :
(3) In regulation 35(1) (certain claimants to be treated as having limited capability for work-related activity)(6), for sub-paragraph (b) substitute—
“(b)the claimant is-
(i)receiving treatment for cancer by way of chemotherapy or radiotherapy;
(ii)likely to receive such treatment within six months after the date of the determination of capability for work-related activity; or
(iii)recovering from such treatment,
and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work-related activity; or”.
From :
www.legislation.gov.uk/uksi/2012/3096/regulation/4/made See also ;
Qualifying for the Support Group There are two guides on this page :
ESA Claims Guides Entitled :
"Being transferred from incapacity benefit to employment and support allowance. A 22 page guide to the transfer process." &
"Understanding Employment and Support Allowance. Our 42 page introductory guide to ESA." Which should make it all clear for you.
By the way, if your landlord is a Housing Association, many of them have Welfare Rights Advisers who may be able to help.
Hopefully, the information provided by myself and Gordon Re : HB will be superfluous, as you will gain the correct ESA award.
bro58
