× Members

ESA review over to support group?

More
6 years 9 months ago #191381 by Angie
ESA review over to support group? was created by Angie
I am hoping someone knows the answer to this question which I've failed to find the answer to on search engines.
My daughter has been in the Wrag group but should clearly have been in the support group for some years. Due to the problems of attending mtgs the only contact she's had for about 3 years is an annual phone call. She has severe mental and physical health problems but was sent a reassessment form whilst in the middle of tests and consequent diagnosises at that time. We filled in the form with what info we had explaining her situation and was kept on the Wrag group. We rang and explained we were still waiting for the outcomes and wanted a mandatory reconsideration. We sent all the written diagnosis and numerous changes to meds last month and they said they didn't receive it (or her pip but that was signed for so they've now found it!) And arranged for us to have it photocopied and sent via the job centre.
When/if she is put on both, how far will her housing benefit and council tax benefit be backdated? She is majorly in arrears for both because of the benefit cap despite only living in a very small house in a very rough area (which is affecting my grandchildren greatly). Any help very gratefully appreciated!!! She's worried sick which is affecting her health.

Please Log in or Create an account to join the conversation.

More
6 years 9 months ago #191423 by Gordon
Replied by Gordon on topic ESA review over to support group?
Angie

The Support Group has specific criteria that must be met for an award, I'm afraid it is perfectly possible to be too ill for the WRAG but still not meet the criteria for the SG.

Have a look at our ESA Claim guides for the SG criteria.

www.benefitsandwork.co.uk/help-for-claimants/esa1

Any changes to her HB and CT will apply from when the ESA and PIP Decisions take effect.

If she is placed in the SG then it will be from the date that the Decision is made.

For PIP it will depend on whether she currently has a DLA award in payment, if she doesn't then then the PIP should be backdated to when the claim for PIP was made. If she does then it will be from when the PIP award applies from, this is usually four weeks after the date that it is made.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Angie

Please Log in or Create an account to join the conversation.

More
6 years 9 months ago #191885 by Angie
Replied by Angie on topic ESA review over to support group?
Hi Gordon.
Thank you very much for taking the time to explain that. Would the HB and CT still be backdated if and when they place her in the support group etc to the date of that decision being that it is a mandatory reconsideration? I would have thought that a mandatory reconsideration that changes her group should be seen as a wrong initial decision by them. Is this not so?

thank you. angie

Please Log in or Create an account to join the conversation.

More
6 years 9 months ago #191903 by Gordon
Replied by Gordon on topic ESA review over to support group?
Angie

Yes, if there is an MR for the ESA then it will apply from the date of the original Decision.

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.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.