Grounds for appeal from WRAG So support Group

My partner received a letter recently stating that she had been placed in the Work Related Activity Group (WRAG) without having a medical, and would be entitled to contribution based ESA (for 365 days – nothing after that as I currently work more than 21 hours per week). I have three queries (sorry they are a bit long-winded)

She is considering appealing with a view to being placed in the Support Group largely based on medical reports from 10 years ago surrounding her then employer’s decision to retire her on ill-health grounds (degenerative disc disease in her back).

The problem is that, unless I’ve overlooked something important regarding this process, I don’t see any grounds for appeal, as I think she doesn’t meet the Support Group Descriptors nor does she qualify on exemption or exceptional circumstances grounds. Any appeal must surely be based on an expectancy that one of those conditions does apply to her?

A second query concerns the “limited capability for work-related activity” – my partner has not had one of these – is she likely to have one during the course of the year, and are the professionals really looking at those conditions mentioned in the paragraph above?

Lastly, at the end of the 365 days when ESA will finish, is there any way that DWP will pay my partner’s NI contributions?

Many thanks in advance and also for all the hard work you put in with these invaluable guides and this forum.

Hi Brian,

1) Yes, you are right in thinking that the Support Group ESA can only be awarded to claimants who meet the specific descriptors or exceptional circumstances.

Qualifying for the Support Group

2) Yes, I would expect your wife to be sent an appointment with a Personal advisor from the JobCentre+. She might also be required to take part in the Work Program


Work Focussed Interviews

Work Programme

Failure to comply with these can result in sanctions

Changes to ESA Sanctions

3) After 365 days in the WRAG, payment will stop if your wife is not eligible for income-related ESA. NI credits will be made as long as she is considered to remain unfit for work. This will mean periodic reassessments which can include a face-to-face assessment.

12 Month Limit for ESA(CB)

If you have further questions, please come back and ask them on thyis thread.

Sorry Mrs H - in relation to the second query I meant to say “limited capability for work-related activity assessment" - the second part of the support group test.

No, there is no further assessment, it is all done together. Your wife will have been judged to not meet the Support Group criteria and therefore not have limited capacity for work related assessments.

Brian wrote: Sorry Mrs H - in relation to the second query I meant to say “limited capability for work-related activity assessment" - the second part of the support group test.

Hi B,

The two assessments are not done independently.

Firstly, the ATOS HCP will consider whether you have Limited Capability for Work (LCW), in that you qualify under any of the :

WRAG (LCW) Descriptors

If not, they will then consider whether you have LCW and qualify for WRAG under : ESA Reg 29 for entry to The WRAG (LCW)

If not, you would be classed as "fit for work".

If you do, it would then be considered whether you also have Limited Capability for Work Related Activity,(LCWRA) in that you fulfill at least one of the :

SG (LCWRA) Descriptors

If not, they would then consider whether you qualify under :

ESA Reg 35 for entry to The SG (LCWRA)

Of course, the ATOS HCP only makes recommendations, it is then up to The DWP DM on whether they agree with these recommendations.

bro58