× Members

appeal won, taken out of support group

More
6 years 1 month ago #206057 by Coopermac
appeal won, taken out of support group was created by Coopermac
Hi , I have won my appeal for esa, job centre plus have told me that I will not be put back in the support group, so therefore will not get esa, I was in the support group originally, so confused!!!

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

More
6 years 1 month ago #206075 by Gordon
Replied by Gordon on topic appeal won, taken out of support group

Sandra wrote: Hi , I have won my appeal for esa, job centre plus have told me that I will not be put back in the support group, so therefore will not get esa, I was in the support group originally, so confused!!!


I really need more information to comment, is it because you have received Contribution Based ESA for more than the 365 days allowed if not in the SG?

If not then you will have to explain in more detail.

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.

More
6 years 1 month ago #206084 by Coopermac
Replied by Coopermac on topic appeal won, taken out of support group
hi, I have looked at my paperworks and I think I was receiving C/B ESA, but I haven't had any payments at all for a year as ESA was taken off me in February 2017, and have waited for tribunal until January this year, this I have won, but it seems pointless to win, if I cant have anything anyway, job centre plus have said I can appeal about the decision not to put me back in the support group, but does this mean I will have to have ftf assessment again, cant cope!!!

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

More
6 years 1 month ago #206103 by Gordon
Replied by Gordon on topic appeal won, taken out of support group
Sandra

So you were found Fit for Work and eventually, after an appeal you were placed back in the WRAG.

OK so the limitation on your payments is because ESA(CB) can only be paid for 365 days if the claimant is not in the Support Group.

Have you checked whether you are also eligible for Income Related ESA? If you are then your payments will continue. ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See

Asset and savings rule for ESA(IR)

24 hour work rule for ESA(IR)

With regard the SG. Do you know how you qualified before?

You have two options going forward.

- In principle you can further appeal the current Decision but you cannot do this because you disagree with the Decision, only because you believe that there has been an Error of Law in the Decision. The most likely result if you can do this is another First Tier appeal hearing, but there is no guarantee that this would place you in the SG.

What is an Error of Law?

- Or, if you can show a deterioration in your conditions since you were last assessed then you can ask for your claim to be looked at again, the will mean a new ESA50 and almost certainly a face to face appointment. There is an element of risk to this as no award was made when they last looked at your claim.

The bottom line is that you need to understand how you can reasonably qualify for the Support Group before you take any further action. See the ESA Claim guides for the SG criteria.

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

Gordon

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

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.