- Posts: 9439
Won ESA but on what regulations
- Metallichick
- Topic Author
Also does anyone know how long it should take for the DWP to sort out the new rate & back pay, as its now been 5 and half weeks since i won the appeal & nothing??? I tried ringing them yesterday & just told its not been done yet?
Thank you in advance for any advice....
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- Metallichick
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- slugsta
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Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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- Posts: 51288
Yes these are related to the WRAG, there is usually a follow on paragraph referring to Schedule 3 which is for the Support Group.When i won my appeal it states 'The decriptors satisfied in schedule 2 EAS Regulations are 18(c) and 19(b). Total points fpr physical descriptors are18 & the capability assessment was satisfied' Does anyone actually know what this means? I'll been trying to goggle the information but finding it very confusing & not sure if i'm even ready the correct regulations?
Also does anyone know how long it should take for the DWP to sort out the new rate & back pay, as its now been 5 and half weeks since i won the appeal & nothing??? I tried ringing them yesterday & just told its not been done yet?
Thank you in advance for any advice....
So you have scored 18 points which places you in the WRAG and if there is no mention of Schedule 3 or it states that Schedule 3 does not apply, then you have not been placed in the SG.
Gordon
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- Metallichick
- Topic Author
As my condition is still very much on going and still unable to work can i re apply or it that it....The end of the help?
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- Gordon
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- Posts: 51288
The DWP appear to be taking a start date, or should that be end date, of 30/04/12, so those affected by the time limit should expect payments to continue until at least then.
They are also trying to make claimants aware 8 weeks in advance, although I don't believe there is any statutory duty for them to do this.
With regard to reclaiming; any attempt to reclaim within 12 weeks of a claimant losing their entitlement will be classed as continuation of their existing claim under the linking rules and therefore disallowed.
After this period, it is back to square one, you need to meet the NI Contribution/Credit conditions for ESA(CB), plus the additional requirement included in the Welfare Reform Act.
Gordon
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