Results 1 to 5 of 5

Thread: ESA wrag

  1. #1
    Member
    Join Date
    Apr 2016
    Posts
    85

    ESA wrag

    Hi everyone. I was recently reassessed and moved from support group to wrag. I failed the Mr and have now applied for an appeal. As I am on contribution based ESA this is due to end in may. My question is, if my tribunal is not heard before may will l continue to receive payments until a decision is made? And if so, would it be the assessment rate again? Thanks.

  2. #2
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    4,090
    You will continue to receive ESA WRAG until the tribunal decision is made. (But see below about CB ESA ending).
    The DWP are not disputing WRAG, just SG, so they will continue to pay WRAG.

    If the tribunal agree you should be in SG then the difference between SG and WRAG will be backpaid to the date when it was changed.

    Your main issue is the 12 month rule on CB ESA WRAG.
    While you were in SG this did not apply.

    Have you been told that CB WRAG will end in May? (ie. have you already had 12 months in WRAG, not necessarily all at the same time?)

    If that is the case then you will have to claim IR ESA instead from that date in May; if your qualify for IR that is.

    If you don't qualify for IR ESA then it will stop being paid but you will still have an 'Underlying Entitlement to ESA' and NI credits will be paid toward your state pension.
    In other words you still have an ESA WRAG award, it's just not paying any money. You will still have to go to Work Focused Interviews and so on.

    If that does happen and then the tribunal later reinstates your SG you will go back onto Contribution Based, and will be backpaid full ESA SG for that period.
    (See this post: http://www.youreable.com/forums/show...l=1#post104882 )
    I'm intelligent enough to know that I don't know everything.
    But I'm good at searching for, and finding, stuff.

  3. #3
    Member
    Join Date
    Apr 2016
    Posts
    85
    Quote Originally Posted by nukecad View Post
    You will continue to receive ESA WRAG until the tribunal decision is made. (But see below about CB ESA ending).
    The DWP are not disputing WRAG, just SG, so they will continue to pay WRAG.

    If the tribunal agree you should be in SG then the difference between SG and WRAG will be backpaid to the date when it was changed.

    Your main issue is the 12 month rule on CB ESA WRAG.
    While you were in SG this did not apply.

    Have you been told that CB WRAG will end in May? (ie. have you already had 12 months in WRAG, not necessarily all at the same time?)

    If that is the case then you will have to claim IR ESA instead from that date in May; if your qualify for IR that is.

    If you don't qualify for IR ESA then it will stop being paid but you will still have an 'Underlying Entitlement to ESA' and NI credits will be paid toward your state pension.
    In other words you still have an ESA WRAG award, it's just not paying any money. You will still have to go to Work Focused Interviews and so on.

    If that does happen and then the tribunal later reinstates your SG you will go back onto Contribution Based, and will be backpaid full ESA SG for that period.
    (See this post: http://www.youreable.com/forums/show...l=1#post104882 )
    Thanks nukecad, yes I feared that may be the case. I have queried the may finish date with DWP just too be sure, it gets a bit complicated as I've been on ESA twice, ( with a 6 month break between the two) , and was awarded support group following a MR after one of them (10 month wait for an assessment) and support group straight away after the other. So I'm not sure what they are including for me to loose 6 months worth of CB ESA. Fingers crossed I get my tribunal before it ends then as I wouldn't qualify for income based ESA due to savings above the limit.
    Thanks again

  4. #4
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    4,090
    That sounds like the two claims have been 'linked'; which often works in your favour but in this case not.

    It does mean that any periods on IR ESA WRAG and possibly while on assessment will also be linked to add up to the 365 days.

    Without knowing just what kind of ESA you were on at different times it will be impossible to work out.
    (And guess who keeps those records if you have to ask).
    I'm intelligent enough to know that I don't know everything.
    But I'm good at searching for, and finding, stuff.

  5. #5
    Member
    Join Date
    Apr 2016
    Posts
    85
    Quote Originally Posted by nukecad View Post
    That sounds like the two claims have been 'linked'; which often works in your favour but in this case not.

    It does mean that any periods on IR ESA WRAG and possibly while on assessment will also be linked to add up to the 365 days.

    Without knowing just what kind of ESA you were on at different times it will be impossible to work out.
    (And guess who keeps those records if you have to ask).
    Thanks again nukecad,

    I decided to write to DWP regarding the 365 end date and await their reply. I couldn't be bothered to try and explain the situation to the phone jockeys, I felt it would be a wasted call and wanted it in writing! I have only ever been on CB ESA so think they are including the time spend in the assessment phase and like you said, they have joined the two claims, but will wait and see what wisdom they come back with. Watch this space hehe

Similar Threads

  1. ESA and wrag
    By alred82 in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 5
    Last Post: 03-26-2016, 12:22 AM
  2. ESA WRAG help please
    By yabo in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 5
    Last Post: 07-09-2015, 01:52 PM
  3. From IB to ESA wrag
    By art446 in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 2
    Last Post: 06-19-2013, 04:10 PM
  4. Wrag -
    By sea queen in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 12
    Last Post: 02-24-2013, 01:19 PM
  5. wrag
    By rickmoss1 in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 11
    Last Post: 11-27-2012, 12:07 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •