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TOPIC: Won ESA but on what regulations

Won ESA but on what regulations 5 years 10 months ago #83606

When i won my appeal it states 'The decriptors satisfied in schedule 2 EAS Regulations are 18(c) and 19(b). Total points fpr physical descriptors are18 & the capability assessment was satisfied' Does anyone actually know what this means? I'll been trying to goggle the information but finding it very confusing & not sure if i'm even ready the correct regulations?

Also does anyone know how long it should take for the DWP to sort out the new rate & back pay, as its now been 5 and half weeks since i won the appeal & nothing??? I tried ringing them yesterday & just told its not been done yet?

Thank you in advance for any advice....

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On the outside I look fit & well but on the inside I suffer with chronic head pain every waking moment of my day!!!
Last Edit: by Mrs Hurtyback.

Re: Won ESA but on what regulations 5 years 10 months ago #83614

Will these regulations put me in WRAG?

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On the outside I look fit & well but on the inside I suffer with chronic head pain every waking moment of my day!!!
Last Edit: by Mrs Hurtyback.

Re:Won ESA but on what regulations 5 years 10 months ago #83618

I am hoping that one of the 'real' mods will be along to answer your question soon.

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:Won ESA but on what regulations 5 years 10 months ago #83620

  • Gordon
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Metallichick wrote:

When i won my appeal it states 'The decriptors satisfied in schedule 2 EAS Regulations are 18(c) and 19(b). Total points fpr physical descriptors are18 & the capability assessment was satisfied' Does anyone actually know what this means? I'll been trying to goggle the information but finding it very confusing & not sure if i'm even ready the correct regulations?

Also does anyone know how long it should take for the DWP to sort out the new rate & back pay, as its now been 5 and half weeks since i won the appeal & nothing??? I tried ringing them yesterday & just told its not been done yet?

Thank you in advance for any advice....

Yes these are related to the WRAG, there is usually a follow on paragraph referring to Schedule 3 which is for the Support Group.

So you have scored 18 points which places you in the WRAG and if there is no mention of Schedule 3 or it states that Schedule 3 does not apply, then you have not been placed in the SG.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:Won ESA but on what regulations 5 years 10 months ago #83652

I've checked back on my ESA(C) files and see that i first applied on 14th March 2011, does this mean my award & back date will only go back to 14th March 2012? Will i no longer receive esa from now? Also the payment of £135 i received last week will they take that back?

As my condition is still very much on going and still unable to work can i re apply or it that it....The end of the help?

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On the outside I look fit & well but on the inside I suffer with chronic head pain every waking moment of my day!!!
Last Edit: by Gordon.

Re:Won ESA but on what regulations 5 years 10 months ago #83655

  • Gordon
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Metallichick

The DWP appear to be taking a start date, or should that be end date, of 30/04/12, so those affected by the time limit should expect payments to continue until at least then.

They are also trying to make claimants aware 8 weeks in advance, although I don't believe there is any statutory duty for them to do this.

With regard to reclaiming; any attempt to reclaim within 12 weeks of a claimant losing their entitlement will be classed as continuation of their existing claim under the linking rules and therefore disallowed.

After this period, it is back to square one, you need to meet the NI Contribution/Credit conditions for ESA(CB), plus the additional requirement included in the Welfare Reform Act.

Gordon

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