Urgent question re ESA moved over to WRAG from Support Group - Money stopped!

[europa16]

This is an urgent question.

 

Can somebody clarify some wording regarding the 365 day time limit for contribution based ESA - basically I have been on CB-ESA Support Group since transferring to it in January 2011.

 

In July 2012, I was chucked out of the support group and placed in the CB-ESA work related group and my money has stopped immediately because, I am being told, the 365 day limit has come into play since I was placed in the WRAG and because I've been on Conts based ESA for all this time, my time is up and no more money is due!!

 

However, according to the info on the DWP's website, the following is stated:

 

"Any time claimants have spent in the Support Group will not count towards the 365 days, or will any time in the assessment phase if they moved directly from the assessment phase into the Support Group"

 

Does this statement not apply to me, therefore the clock only started the day my claim was moved over to the Work Related group, or is the guy I spoke to at the DWP right and I am wrong??

 

Thanks

[reallymadwoman]

I'm no expert, but the wording seems very clear to me - the clock for your 12 months started when you were moved to the WRAG group.

 

I'm assuming you're not entitled to income based?

 

I would be on the phone again immediately quoting the regulations to them, and if that doesn't work get an appeal in immediately. Are you intending to appeal the decision to throw you out of the support group?

[europa16]

Hi,

Yes I'm intending to appeal but have left it very late due to messing about with the DWP and their lack of a working printer (they have never sent a decision letter).

I've been constantly ringing them about this and every time I called they promised a call-back which didn't happen. When finally one of their complaints team rang back he claimed I was wrong and had misinterpreted the regs - I'm waiting for him to ring back now as I type.

[reallymadwoman]

Good luck, and please keep us updated.

[europa16]

Will do

[europa16]

Surprise surprise, no call-back again...

 

As this was a formal complaint put in over the phone and this guy was supposed address my issues, what do I do next - do I ask for written confirmation of what he said, or can I take it further up (if so, who and where do I get their contact details)?

 

For someone who is on ESA due to anxiety, depression and stress, they are not helping

[estellyn]

write a letter requesting a reconsideration of the decision, stating the regulations and asking that they amend their decision accordingly.

 

You may also want to appeal the decision placing you in WRAG if you believe you should still be in the support group.

[**Margaret**]

europa16:

 

'......their lack of a working printer' ?????? Excuses, excuses, excuses ??????

 

Legislation for the 365 days time limit was retrospective. Meanies.

 

Have you had any employment and support payments, with the work related component, during your current claim? If not, previous advice stands.

 

Good luck, Margaret.

[europa16]

I have put in my appeal to be placed back in the support group and hopefully that will reach them in time.

In the meantime, I got a phone call back from the DWP and it seems there has been a cock up with the claim as the woman I spoke to could see no reason why my money had stopped, because I am well within the 365 day limit - she mentioned something about the qualifying days and contributions & tax years they take into account, but that completely lost me... she mentioned May, when none of my claim has ever started or stopped in that month - have they mixed my claim up with someone else???

So a message has now gone through to the processing team to look into it and get back to me by next Wednesday (if not, another call ).

[europa16]

Well, I am still here smacking my head against a brick wall, being told one thing or another (the guy on the phone in Bootle was adamant I was wrong and ESA doesn't get paid if you are in the Work related group of CB-ESA - his manager agreed with me that it did and yes, it has been unfairly stopped and, again, a message will be sent to the processing team (again) to let me know what the hell has happened.

I have put a complaint into the District Manager for East Anglia but with no reply and also sent a message to my local MP and am waiting for a reply from him but it's only been a few days.

To cap it all, I'm now in the middle of a marriage breakdown and so have absolutely zero cash (luckily I have very understanding, if cashstrapped, parents) - when will this get sorted out

[blacksapphire]

I am in the same boat. Was migrated from long term IB to WRAG last year (and after a reconsideration was put into the SG) and although I have a long term degenerative condition was reassessed in August this year. Result - out of SG into WRAG and money to be stopped in end November this year. But decision makers not sure I should ahve been moved and when I rang for a reconsideration they said I should be back in the SG and put me back with a 2 year time limit to be reassessed. This is the 2nd time Atos has got it wrong and it has been overturned by the DWP But, they said I would be getting a new letter confirming my SG status and all I got today was a letter telling me I was now going to receive the SG rate but I was still in WRAG and my money is still limited to end November 2012 but on the back of the letter it says I am in the SG. I have called tosday and been told that yes I am in SG till 2014 and my money will be ok because time limiting does not apply in SG - so what does my letter not state that? I rang and asked for a callback and they didn't call back, so I yet again have to go baclk on the phone tomorrow to see if I am still being time limited or whether I will still get SG money till 2014 when Atos will no doubt mess up again. I can do without the stress too, it's making me physically ill.I have spent a total of 10 months in SG and about 2 weeks in WRAG (both times).

[blacksapphire]

Apologies for the spelling errors, I'm so tired and stressed by this I can't see straight x

[blacksapphire]

I have had my call back now and they apologise that the letter I was sent was a clerical error and that corrected letters are now coming out to me, but I will wait to see what they actually say before I am convinced. Once this is all settled I am writing to my MP to tell him of the difficulties I have faced, the two wrong assessments by Atos and their subsequent over turning by DWP, and why is time sepnt in the SG now counting towards the 365 time limit - because that is wrong.

[Nystagmite]

There was another poster who was told that time spent in SG counts towards the limit.

[georgie_63]

Hi, the same thing happened to me last month.

 

I was on the Incapacity Benefit for many years, then last year it changed to Employment Support Allowance. Last month i received a letter saying all my money had stopped as it was only a 365 day contribution.

 

I'm not sure what Benefit it is you are on, but since last year i have been having interviews every 3 months at the Job Centre with an adviser, i rang somebody there and they then sent necessary forms out to me, i filled them in and sent them back. About 2 weeks later my money was reinstated.

 

So my advice is to ring the Benefits Office and get them to explain it to you, or if you also have been seeing people at the Job centre ring them too. I had all money refunded to me while i was waiting.

 

This is an urgent question.

 

Can somebody clarify some wording regarding the 365 day time limit for contribution based ESA - basically I have been on CB-ESA Support Group since transferring to it in January 2011.

 

In July 2012, I was chucked out of the support group and placed in the CB-ESA work related group and my money has stopped immediately because, I am being told, the 365 day limit has come into play since I was placed in the WRAG and because I've been on Conts based ESA for all this time, my time is up and no more money is due!!

 

However, according to the info on the DWP's website, the following is stated:

 

"Any time claimants have spent in the Support Group will not count towards the 365 days, or will any time in the assessment phase if they moved directly from the assessment phase into the Support Group"

 

Does this statement not apply to me, therefore the clock only started the day my claim was moved over to the Work Related group, or is the guy I spoke to at the DWP right and I am wrong??

 

Thanks

[Charlie996]

I have been placed in a similar situation except I scored zero at an ATOS assessment..

 

I was in the support group for the entire stay on ESA

 

After the zero score I had the benefit stopped without any notification whatsoever..

 

I came here for advice and part of that was provided by Estellyn above (Thank you !)

 

I phoned DWP and explained that NO TIME IN THE SUPPORT GROUP COUNTS AS PART OF THE 365 DAYS...

 

This I did several times and asked to speak to senior managers (Twice). Each time they refused to accept my point !!!

 

Finally again with the help of Estellyn I wrote a letter explaining the above in the hope some clarification would be provided in writing

 

This was 5 or 6 weeks ago and I have not had a single word in reply !!

 

I genuinely feel for you and wish you the very best .. I will make a point of sending you a PM and replying on this thread if and when I get an answer or solution to this ridiculous situation..

 

Good luck !

[Charlie996]

There was another poster who was told that time spent in SG counts towards the limit.

 

Hi.. That was me I believe.. I am still awaiting written clarification as to the position.

 

I have had so many conversations over this situation it is truly unbelievable !

 

I have rung time and time again only to be told that I am disallowed because of the 365 day rule. No matter how many times I have read the contents of their own statements that time in the SG does not count they refuse to accept that that rule is correct !!

 

I too have been diagnosed with clinical depression and as a result of the extra strain and pressure have now had my medication upped once again. I had to spend 2 days in hospital after suffering another breakdown due in fairness to other things but was not helped by this flaming awful ongoing painful situation..

 

I now have to attend the hospital each week in order to get treatment for this dreadful depression that really is all consuming and is dragging me down more and more. I am actually in tears sat her writing this ....

 

I really do feel for anyone who is genuine and is going through this ridiculous thing where nobody will look at what the government has written and decided upon IE NO TIME SPENT IN THE SUPPORT GROUP COUNTS AGAINST THE 365 DAYS...............................................

Edited November 21, 2012 by Charlie996

[Nystagmite]

Hi.. That was me I believe.. I am still awaiting written clarification as to the position.

 

Yes it was you. But I couldn't remember your name!

[europa16]

Apologies for not updating sooner... I was correct and the DWP were wrong in their interpretationof the legislation. However, it did take me writing to my MP and emailing the regional DWP manager to get this sorted out. A few days later my money was backdated to the time they clained I no longer was eligible due to the 365day rule, and it has been fine since (touch wood).

So, if you are being told thatyou no longer are eligible for esa because the 365day rule has been applied while you were in the support group, and have been moved to the work group, fight like tooth and nail because they are wrong!