ESA what happens now

AlisonHarrison

A friend has just won her ESA tribunal.
I am just wondering what happens now.
She was currently getting about £65. The tribuanal did not say whether she would be put into the support group or the work related activity group.
Does that mean she gets an extra payment now?
She cannot claim anything means tested, only contribution related.

rogerblack

AlisonHarrison wrote: »

A friend has just won her ESA tribunal.
I am just wondering what happens now.
She was currently getting about £65. The tribuanal did not say whether she would be put into the support group or the work related activity group.
Does that mean she gets an extra payment now?
She cannot claim anything means tested, only contribution related.

What was she appealing?
The appeal will have been against an initial decision.
What was that decision?

If the decision appealed was that she was not entitled to ESA, and no direction has been given as to which group she should be placed in by the tribunal, I don't see that the DWP has any option but to review the evidence, and place her in the appropriate group in light of any findings of facts the tribunal may have made.

They just can't - for the period of time from the appealed decision to the date of the tribunal - say that she was not entitled to ESA.

I would get a statement of reasons from the tribunal. It seems rather odd for them to not have directed the DWP on the correct group, unless this was a second level tribunal that has said the matter should be re-looked at by the first-level.

NASA_2

She will be put in the Work Related Activity group.

rogerblack

NASA wrote: »

She will be put in the Work Related Activity group.

Probably.
I don't see that doing this unquestioningly without reviewing the exact ruling, and the statement of reasons would be legal.
For example - if reading the whole decision and SOR, it can be seen that the appellant meets one of the criteria for the support group, the DWP doesn't have a choice but to put them in the support group.
Of course, if they'll actually make this decision, rather than just putting them in the WRAG, and waiting to see if an appeal turns up...

AlisonHarrison

Thanks for these replies.

rogerblack wrote: »

Probably.
I don't see that doing this unquestioningly without reviewing the exact ruling, and the statement of reasons would be legal.
For example - if reading the whole decision and SOR, it can be seen that the appellant meets one of the criteria for the support group, the DWP doesn't have a choice but to put them in the support group.
Of course, if they'll actually make this decision, rather than just putting them in the WRAG, and waiting to see if an appeal turns up...

What sort of questions and answers would have led them to putting her in the support group? The appeal, as far as I can remember just said that it was allowed.
Out of interest, what would have happened if she had lost the appeal. She was getting about £60 per week. Does the assessment phase only last 13 weeks, and if you appeal (which she did) the assessment phase lasts longer. Would she have had to repay it back? She last worked in August last year so she would have been out of the assessment phase if she had not appealed.

rogerblack

AlisonHarrison wrote: »

Thanks for these replies.

What sort of questions and answers would have led them to putting her in the support group? The appeal, as far as I can remember just said that it was allowed.
Out of interest, what would have happened if she had lost the appeal. She was getting about £60 per week. Does the assessment phase only last 13 weeks, and if you appeal (which she did) the assessment phase lasts longer. Would she have had to repay it back? She last worked in August last year so she would have been out of the assessment phase if she had not appealed.

The appeal process re-makes the decision as if it had happened at the time of the initial decision, so as the appeal has succeeded - she will be back in the same position as if the decision had gone the other way at the outset.

However, I understand that in the case of her being declared not eligable for ESA, there is no overpayment, as the rate of JSA is the same, so it's not repayable.

The tribunal will also supply a 'statement of reasons' - if asked - this will dictate how they came to the conclusion they have.
The DWP can use this, with other information to determine which 'descriptors' apply to her.

To get into the support group, various descriptors apply.
They are listed in http://www.dwp.gov.uk/docs/dmgch42.pdf
Appendix A I think.
For example - if work related activity (interviews, ...) was likely to pose a threat to health.

healy

AlisonHarrison wrote: »

Thanks for these replies.

What sort of questions and answers would have led them to putting her in the support group? The appeal, as far as I can remember just said that it was allowed.
Out of interest, what would have happened if she had lost the appeal. She was getting about £60 per week. Does the assessment phase only last 13 weeks, and if you appeal (which she did) the assessment phase lasts longer. Would she have had to repay it back? She last worked in August last year so she would have been out of the assessment phase if she had not appealed.

If the appeal had failed she would not have had to pay the money received whilst appealing back.