× Members

ESA - in WRAG refuse Support can I reclaim 12 wee

More
11 years 3 weeks ago #100271 by slugsta
lyndy, the paragraph that you have posted applies to you maintaining your ESA claim and being allocated to the Support Group as a result of appealing the latest decision, being put into Support Group from a future routine reassessment, or asking for another supersession at some time in the future.

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.

  • Indybear
  • Topic Author
11 years 3 weeks ago - 11 years 3 weeks ago #100272 by Indybear
am i s totsl thicko or misssing the point - why does it say application after the award has terminatted does that refer to a new award ??/ sorry to sound so thick but i am getting desperate
Last edit: 11 years 3 weeks ago by .

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

11 years 3 weeks ago - 11 years 3 weeks ago #100273 by
Hi lb,

See Gordon's response to a similar query here :

www.benefitsandwork.co.uk/forum?view=top...d=10&id=97195#100261

As I have previously stated, the only way that you may be entitled to payment of CB ESA once more, is to gain entry to The SG, as the result of an appeal/reconsideration or a review/supersession.

Payment of CB ESA will continue for as long as you remain in The SG.

Therefore, if you were placed into The SG, then reassessed again and placed into The WRAG, payment would again cease, once you were placed into The WRAG.

(Or through gaining the necessary NI contributions through employment)

bro58
Last edit: 11 years 3 weeks ago by .

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

11 years 3 weeks ago - 11 years 3 weeks ago #100274 by

Indybear wrote: am i s totsl thicko or misssing the point - why does it say application after the award has terminatted does that refer to a new award ??/ sorry to sound so thick but i am getting desperate


Don't get mixed up between having a "live" assessment of Limited Capability for Work, (LCW) which puts you in The WRAG, and being entitled to payment of CB ESA.

As long as you maintain a "live" continuous assessment of LCW, (WRAG) even in receipt of NI Credits only, you can request a review/supersession if your medical conditions deteriorate or you start to suffer from new medical conditions, which would then qualify you for entry to The SG.

If placed into The SG as a result of the above, payments of CB ESA would be reinstated for as long as you remain in The SG.

If you chose to opt out of ESA, (close your claim) and did not comply with the reassessment criteria, not only would your NI Credits cease, but if this opt out was for more than 12 weeks, you would then not even be able to gain entry to The SG, which would reinstate payment of CB ESA.

Whilst assessed as LCW, (WRAG), in receipt of NI Credits only, even though you must comply with the regular reassessment criteria, you do not have to take part in WFI's & WRA.

bro58
Last edit: 11 years 3 weeks ago by .

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

More
11 years 3 weeks ago - 11 years 3 weeks ago #100276 by buddie
Can I ask a question related to your very helpful replies please?
I will also only be receiving N.I. credits when my CB ESA ends. If at a future reassessment I am placed in the Support Group will I be paid the same amount as now ie does the transitional protection from I.B. still apply?
I have a long term illness that will not improve and like many of you I am trying to decide if I can cope with any more forms & upset.
Last edit: 11 years 3 weeks ago by Gordon.

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

More
11 years 3 weeks ago #100278 by Gordon

buddie wrote: Can I ask a question related to your very helpful replies please?
I will also only be receiving N.I. credits when my CB ESA ends. If at a future reassessment I am placed in the Support Group will I be paid the same amount as now ie does the transitional protection from I.B. still apply?
I have a long term illness that will not improve and like many of you I am trying to decide if I can cope with any more forms & upset.


In principe yes, however, there are so many anomalies between the underlying legislation and the guidance being used by the DWP, that I could not say that this is absolutely the case.

Providing this is an un-interupted claim and you have maintained your Limited Capability for Work, then I would expect any Transitional Protection to still be in effect, however, if a claimant has opted to receive ESA(IR) at the end of the 365 days, then they will no longer be eligible for any Transitional Protection as it is specifically linked to the type of ESA you receive.

Gordon

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

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.