- Posts: 311
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- WRAG means tested what happens in years to come
WRAG means tested what happens in years to come
- carruthers
- Offline
I quote from your FAQ based on the "original proposals" scenario (with congratulations, and thanks on managing to keep up with events)
I have then a suggestion. Suppose that you have progressive condition like MS. You apply for ESA, attempt to get into the SG and fail. You are now in the WRAG(CB). If you wait there for a year, failing to get work, then you are thrown out of ESA forever - unless you qualify under IR rules.Example Seven
A claimant was subject to the time limitation for ESA(CB and did not qualify for ESA(IR). They have opted to receive NI credits and have maintained their Limited Capability for Work status. At some future point in time due to deterioration of an existing condition or a new condition, they meet the criteria for the Support Group.
The claimant cannot be placed in the Support Group as they have no entitlement to ESA.
So, the logical thing to do, if you think you can manage it, is to apply for ESA and then if you end up in the WRAG(CB) category, then well before the 12 months is up, you should voluntarily take yourself off ESA altogether. You then manage (if you can) until the inevitable, if unpredictable, progression takes you into what you think will be the SG. You apply for ESA again and try your luck.
If you get into the SG this time, then you will probably stay there - unless they tighten the rules again.
Otherwise help whilst things are bad will remove help when things are very bad.
Is this the logic of the situation, or is there a get out I've missed?
Please Log in or Create an account to join the conversation.
- lindat
- Offline
- Posts: 202
Please Log in or Create an account to join the conversation.
- carruthers
- Offline
- Posts: 311
Will this even apply if there is a new application under Special Rules?Example Seven
A claimant was subject to the time limitation for ESA(CB and did not qualify for ESA(IR). They have opted to receive NI credits and have maintained their Limited Capability for Work status. At some future point in time due to deterioration of an existing condition or a new condition, they meet the criteria for the Support Group.
The claimant cannot be placed in the Support Group as they have no entitlement to ESA.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
- Posts: 51288
It is unlikely that your suggestion would work. Qualifying for ESA(CB) is dependant on your NI Contributions (not Credits), so unless you worked during the interim, your would not qualify.
Forgive me but I think you are over thinking this situation when you may not need to The amendment that would allow claimants to re-qualify for the Support Group was actually submitted by the Government, so it may well appear in any re-submitted Welfare Reform Bill, however, we will have to wait and see what they do.
Gordon
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.
- Gordon
- Offline
- Posts: 51288
See my previous answer.Will this even apply if there is a new application under Special Rules?
As I remember it, Lord Freud was asked this in an early debate in the HofL and said they would not.
The Special Circumstances only state that a claimant immediately has Limited Capability for work. There is still a requirement for them to be eligible for ESA(CB) or ESA(IR).
Gordon
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.
- carruthers
- Offline
- Posts: 311
I'll plead guilty as charged!carruthers
Forgive me but I think you are over thinking this situation when you may not need to Gordon
It comes of having too much time to think when the brain won't do anything useful, combined with a nit-picky disposition.
Perhaps I need a job.
Please Log in or Create an account to join the conversation.