ESA WRAG - expries but no warning?

[weeman07]

Hi,

 

My father had a meeting with his ESA advisor today where he was told that as of last Friday his ESA WRAG had expired and that he would need to re-apply in order to continue receiving ESA.

 

He hasn't received any letter informing him of the changes.

 

This was only the second appointment since his WCA last July in which the medical clearly states that he would not be fit to work in the long term. His condition has deteriorated since then and is scheduled to have two spinal operations over the next twelve months.

 

In June he contacted DWP to inform them of a change in bank details and he asked them about reporting the changes in his condition as he had received his scan results and had more info - he also asked if his ESA would stop in July as he was aware of the 12 month rule - he was told that it wouldn't and he should explain the changes in his condition to the adviser who would be able to sort things out.

 

Has anyone else been treated like this?

 

Once he reapplies how long will it take for a decision?

[abc123def]

Was your father in receipt of income based ESA or contribution based ESA?

 

I am assuming that it was contribution based as it automatically ended after one year however they normally send a letter to confirm its ending. I would assume the advisor only said reapply in case he qualified for the support group rather than the WRAG, because if he was placed into the support group he would qualify for ESA again, but wouldn't if he was placed in the WRAG as before.

[weeman07]

Was your father in receipt of income based ESA or contribution based ESA?

 

I am assuming that it was contribution based as it automatically ended after one year however they normally send a letter to confirm its ending. I would assume the advisor only said reapply in case he qualified for the support group rather than the WRAG, because if he was placed into the support group he would qualify for ESA again, but wouldn't if he was placed in the WRAG as before.

 

Hi, it was contribution based I think so with his occupation pension being counted he stands to lose £100 a week atm while waiting for the reapplication.

[abc123def]

I'm afraid that contribution based ESA if in the WRAG group is now time limited to the one year so he will only be successful in regaining ESA if he manages to get placed in the support group; that is actually quite hard to achieve. Otherwise his ESA has now ended.

[hensteeth]

Yes it is far a max of 365 days.

 

Presumably you won't be able to claim Income based ESA due to excess income coming into the houshold.

 

In which case the government's figures say that, as a household, you will have more than enough to live on without the ESA.

[45002]

I'm afraid that contribution based ESA if in the WRAG group is now time limited to the one year so he will only be successful in regaining ESA if he manages to get placed in the support group; that is actually quite hard to achieve. Otherwise his ESA has now ended.

 

http://www.dwp.gov.uk/adviser/updates/changes-to-contribution/

 

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_171891

 

Entitlement conditions

 

There are two types of Employment and Support Allowance:

 

• contribution-based
  
• income-related
  

Contribution-based Employment and Support Allowance

 

You may be entitled to claim contribution-based Employment and Support Allowance if you have paid enough National Insurance contributions. The length of time you can get contribution-based Employment Support Allowance depends on your circumstances. If you are not in the support group, contribution-based Employment Support Allowance is time limited to 365 days.

Income-based Employment and Support Allowance

 

You may be entitled to claim income-based Employment and Support Allowance if you do not have enough money coming in, or you have not paid enough National Insurance contributions, and you satisfy the entitlement conditions.

This means that you have savings of less than £16,000 and, if you have a partner or civil partner, they work for less than 24 hours a week on average. There is no limit on the amount of time you can claim income-based Employment and Support Allowance as long as you satisfy the entitlement conditions.

 

If you have been living or working abroad

 

Living or working abroad can affect your Employment and Support Allowance claim. You may be able to claim if you have either:

 

• paid enough UK National Insurance contributions in the past (and the equivalent in certain other countries)
  
• worked abroad for an employer based in the UK and paid National Insurance Contributions for the first 52 weeks of that employment

 

[url=http://www.dwp.gov.uk/adviser/updates/changes-to-contribution/][/url]

Edited August 1, 2012 by 45002

[weeman07]

Not what it says here

 

It also says that claimants will be contacted 8 week prior to the end of the 365 days - my dad is still waiting for this letter.

[abc123def]

45002 the article you quote doesn't contradict anything I said. The OP has already stated their father has an occupational pension meaning he isn't eligible for income related ESA, hence me talking about contribution based which is what does relate to him.

[weeman07]

45002 the article you quote doesn't contradict anything I said. The OP has already stated their father has an occupational pension meaning he isn't eligible for income related ESA, hence me talking about contribution based which is what does relate to him.

 

 

His pension is about £75 a week so should he be automatically switched from contribution to income related ESA as I assume he is still in the WRAG?

[45002]

It also says that claimants will be contacted 8 week prior to the end of the 365 days - my dad is still waiting for this letter.

 

My humble apologies,I missed the part about his occupation pension,given the back log the DWP has with claims doesn't surprise me he not revived a letter yet...

Edited August 1, 2012 by 45002

[abc123def]

His pension is about £75 a week so should he be automatically switched from contribution to income related ESA as I assume he is still in the WRAG?

 

Is that his entire income? Does he live with anyone else? If so, do they have an income? Does your father have savings or own any property apart from where he lives? Own any shares, have savings etc.? If the answer is no to all of those questions he may be entitled to some income related ESA, they would deduct his pension from it though. Given that they have automatically ended it though I would assume he has previously declared some of the above as income or financial support by others.

[weeman07]

Is that his entire income? Does he live with anyone else? If so, do they have an income? Does your father have savings or own any property apart from where he lives? Own any shares, have savings etc.? If the answer is no to all of those questions he may be entitled to some income related ESA, they would deduct his pension from it though. Given that they have automatically ended it though I would assume he has previously declared some of the above as income or financial support by others.

 

I still live a home and work full time.

 

He is on DLA at the higher rate and receives a civil service occupational pension of £75 a week - he was receiving ESA WRAG plus the top up payment because he was on Incapacity Benefit.

 

He has no savings and owns no property.

[abc123def]

Definitely would be worth pursuing then, sounds like he ought to get some, they will deduct the occupational pension but not the DLA. The amount he gets will be significantly less than he was getting though. He may of course be eligible for the support group and then go back to getting the full amount, have a look at the descriptors for that group and see if you think he qualifies. If you think he does, or better still did when he first applied 12 months ago, you can appeal that original decision to put him in the WRAG for a further couple of weeks when your time runs out to do that. Or if he has worsened during the year apply now for him to be in the support group.

[weeman07]

Definitely would be worth pursuing then, sounds like he ought to get some, they will deduct the occupational pension but not the DLA. The amount he gets will be significantly less than he was getting though. He may of course be eligible for the support group and then go back to getting the full amount, have a look at the descriptors for that group and see if you think he qualifies. If you think he does, or better still did when he first applied 12 months ago, you can appeal that original decision to put him in the WRAG for a further couple of weeks when your time runs out to do that. Or if he has worsened during the year apply now for him to be in the support group.

 

Thanks for the responses, I've always thought from day 1 he is in the wrong group - his WCA medical report clearly states that long term he is unfit to work, his condition since then has got worse and he now has scan results etc.. to prove this along with the fact he requires two pretty major spinal operations in the next 12 months - it's just so annoying that when he spoke to DWP in June they didn't help him to sort this out beforehand.

[hensteeth]

Thanks for the responses, I've always thought from day 1 he is in the wrong group - his WCA medical report clearly states that long term he is unfit to work, his condition since then has got worse and he now has scan results etc.. to prove this along with the fact he requires two pretty major spinal operations in the next 12 months - it's just so annoying that when he spoke to DWP in June they didn't help him to sort this out beforehand.

 

For a start, the DWP are only good at two things, one, giving the wrong advice and two failing to give any advice or help. I don't honestly know which is the worst of the two!

[weeman07]

For a start, the DWP are only good at two things, one, giving the wrong advice and two failing to give any advice or help. I don't honestly know which is the worst of the two!

 

I've come to realise that - he received the letter (that apparently should be sent 8 weeks in advance) telling him that his ESA expires on the 28th July, yesterday (2nd Aug) - the letter was dated 30th July.

 

After seeking advice he has now submitted a request for them to reconsider and place him in the support group which the local citizens advice worker believes he should be in, hopefully if the advice is correct it should be resolved in the next 2-3 weeks.

 

Once that is sorted, he intends to make our local labour MP aware of what has happened.

[hensteeth]

I've come to realise that - he received the letter (that apparently should be sent 8 weeks in advance) telling him that his ESA expires on the 28th July, yesterday (2nd Aug) - the letter was dated 30th July.

 

After seeking advice he has now submitted a request for them to reconsider and place him in the support group which the local citizens advice worker believes he should be in, hopefully if the advice is correct it should be resolved in the next 2-3 weeks.

 

Once that is sorted, he intends to make our local labour MP aware of what has happened.

 

Personally I wouldn't be holding my breath in the hope of being put in the Support Group.

 

You only have to look at the % of those found unfit for work that were put in the Support Group.

[abc123def]

It is indeed extremely hard to be placed in the support group, worth a try though. Weeman, the DWP are imo highly unlikely to agree to place him in the support group in which case he will need to appeal and go to Tribunal. For the Tribunal he needs to get there, together with as much evidence as possible. They take far less notice of GP evidence as GP's tend to write down what the patient says is there symptoms, so evidence from Consultants and specialists, care workers etc. who can evidence what he can and can't do on a daily basis is good. Let us know how he gets on, but don't be surprised if the DWP say nay to the support group - you just then appeal and go to Tribunal.