- Posts: 9439
× Members
in a panic
11 years 2 weeks ago #102191 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic in a panic
Hi Sw,
Firstly, let me 'congratulate' you as you have been assessed as 'not fit for work'. Whilst in the WRAG you cannot be forced to work or seek work, although it is likely that you would be referred to the Work Program.
Work Programme
As you have just discovered, time in the WRAG for contributary ESa is time limited to 365 days, after this you can apply for income related ESA if your wife's wages and joint assessts are low enough
12 Month Limit for ESA(CB)
24 hour work rule for ESA(IR)
Asset rule for ESA(IR)
If you believe that you meet the Support Group descriptors then you can try to submit a late appeal against this decision. Such an appeal would not be able to take into account your financial status if your ESA stops.
Qualifying for the Support Group
If you did appeal you would still have to attend Work Focussed Interviews if asked to do so, but you should not be forwarded to the Work Program
Do I have to attend WFIs while I appeal?
If your appeal were to take you beyond August (which is highly likely) your ESa would still end after 365 days - you would get back payment if you were put into the Support Group as a result of the appeal.
It might be that your wife would be entitled to working Tax Credits or that there are other benefits you could claim, the 'turn 2 us' webiste is very helpful for seeing what, if anything, you might be entitled to. We are not experts on other benefits on this site, so you should certainly seek help elsewhere.
Turn 2 us
If you have any further questions, please come back and ask them on this thread/topic. You will be able to find it easily in future if you mark it as a 'favourite' now
turn 2 us
Firstly, let me 'congratulate' you as you have been assessed as 'not fit for work'. Whilst in the WRAG you cannot be forced to work or seek work, although it is likely that you would be referred to the Work Program.
Work Programme
As you have just discovered, time in the WRAG for contributary ESa is time limited to 365 days, after this you can apply for income related ESA if your wife's wages and joint assessts are low enough
12 Month Limit for ESA(CB)
24 hour work rule for ESA(IR)
Asset rule for ESA(IR)
If you believe that you meet the Support Group descriptors then you can try to submit a late appeal against this decision. Such an appeal would not be able to take into account your financial status if your ESA stops.
Qualifying for the Support Group
If you did appeal you would still have to attend Work Focussed Interviews if asked to do so, but you should not be forwarded to the Work Program
Do I have to attend WFIs while I appeal?
If your appeal were to take you beyond August (which is highly likely) your ESa would still end after 365 days - you would get back payment if you were put into the Support Group as a result of the appeal.
It might be that your wife would be entitled to working Tax Credits or that there are other benefits you could claim, the 'turn 2 us' webiste is very helpful for seeing what, if anything, you might be entitled to. We are not experts on other benefits on this site, so you should certainly seek help elsewhere.
Turn 2 us
If you have any further questions, please come back and ask them on this thread/topic. You will be able to find it easily in future if you mark it as a 'favourite' now
turn 2 us
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.
Moderators: , Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris