ESA - WRAG but Assessment Rate Paid;

SimIsOnTheUp

Hi,

The DWP have really confused me.

After I left my job in January of this year, due to unresolved health issues, they paid my Employment and Support Allowance at the 'Assessment Rate'.

I didn't think this was right, as I'd been awarded the higher rate of ESA (Work Related Activity Group Rate) at my Tribunal Hearing last September (I subsequently went back to work in November, albeit too soon, having to then leave in the January).

So, I was hoping that I'd be put back on the higher WRAG rate, due to my coming under the 'Linking Rules'. Not so...

Apparently, according to the benefits advisor at my local 'Benefits Delivery Office', they've confirmed that I was / am entitled to the linking rules being applied.

After putting me right back at the start on the 'Assessment Rate' in February, they've now put me back on the 'WRAG Rate' of ESA last week "just for convenience really, until your medical next week" (their exact words), however they won't be paying me at the WRAG rate, but at the lower 'Assessment Rate', "until I pass the medical". (As if anyone passes these medicals!)

Bonkers.

Can anyone on here who has experience of the DWP / Benefits system, please let me know if they're correct here? G

Going by the dates, I think that they should've been paying the higher rate when I reapplied for ESA in February.

From reading up on these 'linking rules' online, it appears that the DWP should be paying the ESA at the old rate, if the rules apply, regardless of when any medical is coming up.

Otherwise, why do they even have these 'linking rules'?

Any clarification regarding this, would be most appreciated, as I feel like I've been fobbed off by the benefits people.

Many Thanks,

Sim.

(Also posted on the 'Benefits & Tax Credits' board - https://forums.moneysavingexpert.com/discussion/3287290)

Cpt.Scarlet

Your claim won't be re-instated under the linking rules until you have passed the ESA medical. By working, albeit for a short period you are deemed to have shown a Capability for Work, and as a result you must re-establish your Limited Capability for Work.

Basically the DWP are operating the linking rules differently from how they used to with IB, despite the wording being almost identical, there's no way around it.

SimIsOnTheUp

Cpt.Scarlet wrote: »

Your claim won't be re-instated under the linking rules until you have passed the ESA medical. By working, albeit for a short period you are deemed to have shown a Capability for Work, and as a result you must re-establish your Limited Capability for Work.

Basically the DWP are operating the linking rules differently from how they used to with IB, despite the wording being almost identical, there's no way around it.

Many Thanks for clearing this up, once and for all.

I can't wait to get back to work, and never have to deal with the Department of War and Peace again!