ESA appeal - rules clarification help please

Hello, I’d appreciate some help please regarding an appeal for ESA.

My query relates to the guide ‘Best possible Employment & Support Allowance claims on Physical Health Grounds (Pre-January 2013 Changes)’.

My case is at appeal stage and I have received the ‘package’ which has also been sent to the tribunal service. I don’t have a date or confirmation yet. I am severely sight impaired (blind) and have been awarded ESA in the WRAG group. My appeal for support group relates to people communicating with me (I meet the descriptors of the older rules). The DWP have not contested I have a visual health issue but dispute that I should be placed in the support group.

Reading your guide I understand that changes have been made to section 7 of the support group rules to include both verbal and visual means of communication. The date of my original decision was 12 December 2012. I appealed in January ’13 and a reconsideration as part of my appeal was made in April ’13. Both decisions were against me joining the support group.

Before I continue with my appeal I would like to clarify your wording in the guide as follows:

You need this ‘Pre-January 2013 changes’ version of the guide if the initial decision on your claim was made before 28th January 2013. Even if you go on to ask for a revision or an appeal you will still be covered by the old rules.

The guide then goes on to say:

There are then additional changes which affect claimants who get the new ESA50 questionnaire and also apply to all decisions made on or after July 28th 2013 onwards, regardless of which form was completed.

Does this mean if my appeal on an original decision is heard before July 28th 2013 the old rules will apply? And if it is heard after that date then the new rules apply irrespective of the original decision date?

Also if the old rules apply in my hearing, is there a minimum timescale of any award to support group?

Many thanks in advance for any help you can offer.

Thanks Gordon that's very helpful.

If you have a chance to find the link to case law i'd be grateful as my time in front of a pc is very limited due o my condition.

Much appreciated

Hi again.
Thank you for the help so far. I have another query regarding interpretation of the rules.
In your guide ‘A guide to the Work Capability Assessment (Full January 2013 Changes)’ it states on page 53 under section 7:

Warning – change in the law!
From January 2013 the law was changed so that it is your ability to understand speech or read print or braille or manage to do a combination of the two that is taken into account. So, if you can do one, but not the other, you will not score points.

However in the WCA handbook dated March 2013 it states on page 94:

It should be noted that in this activity, a person must be able to understand communication through both the written and spoken word. A restriction of understanding in either of these communication modalities may result in a scoring descriptor. For example this means a person with normal hearing ability who understands the spoken word without difficulty but has visual impairment to the extent they cannot read 16 point print nor read Braille would meet Support Group criteria in this activity.

This information differs from your guide and I would be interested to see the legislation changes to correspond to your statement above indicating one has to be deaf and blind to qualify for this descriptor to join the support group. Is there a link to clarify this please? It appears to me the word 'alone' has been introduced and this is where the confusion lies. In the wca handbook this word 'alone' is used in the descriptors and then goes on to quote the single qualifying criteria. I am absolutely confused by all this.

My interest is purely to clarify this confusing and contradicting legislation and your help is very much appreciated.

Many thanks again.