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Won ESA but on what regulations

  • Metallichick
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12 years 6 days ago - 12 years 6 days ago #83606 by Metallichick
Won ESA but on what regulations was created by Metallichick
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....
Last edit: 12 years 6 days ago by slugsta.

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  • Metallichick
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12 years 6 days ago - 12 years 6 days ago #83614 by Metallichick
Replied by Metallichick on topic Re: Won ESA but on what regulations
Will these regulations put me in WRAG?
Last edit: 12 years 6 days ago by slugsta.

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12 years 6 days ago #83618 by slugsta
Replied by slugsta on topic Re:Won ESA but on what regulations
I am hoping that one of the 'real' mods will be along to answer your question soon.

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

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12 years 6 days ago #83620 by Gordon
Replied by Gordon on topic Re:Won ESA but on what regulations
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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  • Metallichick
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12 years 5 days ago - 12 years 5 days ago #83652 by Metallichick
Replied by Metallichick on topic Re:Won ESA but on what regulations
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?
Last edit: 12 years 5 days ago by Gordon.

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12 years 5 days ago #83655 by Gordon
Replied by Gordon on topic Re:Won ESA but on what regulations
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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