ESA Ceased

Good afternoon

I've signed up today for some guidance, yesterday we received a very worrying letter from the Job Centre

It state my wife's claim for employment and support allowance had ended further more it was not a warning it was in effect (as of the 6th of February

firstly i saw red for the fact we were given no prior warning, and secondly it contradicted the information we had previously been given

In early 2012 we were summoned to the job centre to discuss my wife's transference from IB to ESA at the time we were told she was suited for the support group, however the facilities provided (which i seem to be able to find no information on what that was even about) were unsuitable as it was located on a second floor up a flight of stairs (my wife is mobility impaired)

The adviser told us she would be deferred until either changes were made, and when they were they'd be in touch (which to date never happend), after I received this letter, I called the job centre and they seem to think my wife had been enlisted in WRAG but we received no paper work to say this and likewise we we're not informed verbally

my biggest worry is she has been duped into thinking she was in the support group when in fact she was in the WRAG

having read through the guides we're gravely concerned we have been mislead, and for the time being we are now left without that vital financial support with little recourse

we are a young couple and went into the ESA system worried, however the adviser calmed our worries (perhaps with false pre-tenses)


Has anyone had a similar situation or any advice on where to go from here.

thanks for your time

LD

Luke wrote: Good afternoon

I've signed up today for some guidance, yesterday we received a very worrying letter from the Job Centre

It state my wife's claim for employment and support allowance had ended further more it was not a warning it was in effect (as of the 6th of February

firstly i saw red for the fact we were given no prior warning, and secondly it contradicted the information we had previously been given

In early 2012 we were summoned to the job centre to discuss my wife's transference from IB to ESA at the time we were told she was suited for the support group, however the facilities provided (which i seem to be able to find no information on what that was even about) were unsuitable as it was located on a second floor up a flight of stairs (my wife is mobility impaired)

The adviser told us she would be deferred until either changes were made, and when they were they'd be in touch (which to date never happend), after I received this letter, I called the job centre and they seem to think my wife had been enlisted in WRAG but we received no paper work to say this and likewise we we're not informed verbally

my biggest worry is she has been duped into thinking she was in the support group when in fact she was in the WRAG

having read through the guides we're gravely concerned we have been mislead, and for the time being we are now left without that vital financial support with little recourse

we are a young couple and went into the ESA system worried, however the adviser calmed our worries (perhaps with false pre-tenses)


Has anyone had a similar situation or any advice on where to go from here.

thanks for your time

LD

Hi LD,

Welcome to Benefits and Work

I am sorry to hear of this !!

You basically have two options.

Option 1. You can make a late appeal, as long as 13 months have not elapsed since the date of The Award Notice Letter that you should have received placing your wife in The WRAG.

You can do this using a GL24 Form, which can be downloaded from the link on this page :

How to submit an appeal , from our : Appeals FAQ’s .

Further information on a late appeal can be read in The GL24, basically only The Tribunal can make a decision on whether a late appeal is allowed or not, and you will have to show "Good Cause" for this.

Please be aware that if the late appeal is allowed, then any reconsidertion, or hearing at appeal, will only look at whether you wife qualified for entry to The Support Group (SG) at the time of the original WRAG decision, and not how she has been since that time.

See : Qualifying for the Support Group , from our : ESA FAQ’s

There is also an ESA Appeals Guide on this page :

ESA Claims Guides

Option 2.

If your wife's condition has deteriorated since the time of the WRAG decision, or she has new conditions which mean that she now qualifies for SG status, you can request a supersession/review.

Again, you can do this using GL24 or simply write a letter, stating clearly that you are requesting a "SUPERSESSION" providing evidence and giving reasons.

You can do this if your wife still has a current assessment of WRAG (LCW) and it has been continuous, with no breaks, even if she is not receiving payment of CB ESA and in receipt of NI Credits only.

If as a result of a supersession decision, your wife is placed into The SG, payment of CB ESA will be reinstated from the time of the superceded decision.

If you successfully appealled and your wife was placed into The SG as a result of this, then The SG decision would be backdated to the time of The WRAG decision, and any backpayment owed would be payed.

There is no 365 day limit for as long as a claimant stays in The SG.

As well as the above, you may be entitled to IR ESA, depending on your financial situation with regards to household income, assets, capital and savings, you would probably have to fill in an ESA3 to be "Means Tested" see : Sample ESA 3 Form

See also :

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

12 Month Limit for ESA(CB)

Sending Documents to the DWP or ATOS

Please repost here if you have any further queries.

bro58