- Posts: 112
ANKYLOSING SPONYLITIS RECONSIDERATION
- Steve Blue
- Topic Author
- Offline
Is my question completely invalid? If the courts decide that my dad's 2012 assessment should have put him in the Support Group then he would have been there until his next assessment at least. This next assessment might have placed him in WRAG, but that would then be July onwards - which should surely then extend his benefit til July (ish) 2013 as you're aloud 365 days there?
Sorry, the DWP are running us in circles filled with dead ends

Please Log in or Create an account to join the conversation.
- Gordon
- Offline
- Posts: 51287
Bluebear wrote: I do follow what you're saying - a little - I think.
Is my question completely invalid? If the courts decide that my dad's 2012 assessment should have put him in the Support Group then he would have been there until his next assessment at least. This next assessment might have placed him in WRAG, but that would then be July onwards - which should surely then extend his benefit til July (ish) 2013 as you're aloud 365 days there?
Sorry, the DWP are running us in circles filled with dead ends
Forgive me

July was the date of the assessment it will not be the date of the Decision nor will it be the date that any theoretical move back to the WRAG takes effect from.
Assuming that your father is placed back into the WRAG then this will occur from the date on the Decision letter notifying him that he has been placed in the WRAG, which will not be July!
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.
- Steve Blue
- Topic Author
- Offline
- Posts: 112
I think I'm following what you're saying more-so.
But if I'm following you correctly it would mean there would be no point in waiting for a hearing relating to the November '12 'decision', let alone actually going to court, as it will change nothing. My dad's benefit will still STOP this week.
Please Log in or Create an account to join the conversation.
- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
- Offline
- Posts: 2076
Of course I wouldn't dream of locking a post on a topic I don't deal with, so if the moderators who know the answers on ESA are prepared to let it carry on, then that's your choice.
However, this thread only started nine days ago and already runs into 6 pages.
If we as moderators had to spend so much time on all queries be they DLA/PIP, or IB/ESA, we would soon grind to a halt. My personal opinion only and no offence meant to anyone.
We are not, never have been, and never will be an online welfare rights service ( as quoted by Steve Donnison in the past). Detailed advice needs 'face to face' contact with a qualified benefits adviser.
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
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
- Posts: 51287
Bluebear wrote: Sorry.
I think I'm following what you're saying more-so.
But if I'm following you correctly it would mean there would be no point in waiting for a hearing relating to the November '12 'decision', let alone actually going to court, as it will change nothing. My dad's benefit will still STOP this week.
The only way to get your father's ESA(CB) payments re-instated is if he is placed in the Support Group, there is nothing you can do outside of this that will prevent the payments stopping, other than, as previously posted, seeing whether he is also eligible for Income Related ESA.
The appeal is important for three reasons.
- If he wins it then the clock is reset to zero giving a further 365 days of payment if he is placed in the WRAG by the outstanding Decision.
- He will receive back payments for the difference between the WRAG rate and SG rate.
- Finally the Tribunal Decision can be used as evidence if you need to challenge the outstanding Decision on the claim.
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.
- Steve Blue
- Topic Author
- Offline
- Posts: 112
Please Log in or Create an account to join the conversation.