ESA appeal allowed

Grogg

What happens now?

OH been on ESA for over 12 months and won his appeal at tribunal confirming that he has limited capacity for work.

He gets an injury at work benefit but will he get any money from ESA.

I work and earn £28k per year and we have about £15k savings. Our only child is at Uni and will remain so for 3 more years.

earthbound_misfit

Is he in the 'work-related activity' group or the 'support' group?
Does it just say he has "limited capacity for work"? Or does it say "limited capacity for work-related activity"?

If he has been receiving contributions-based ESA this will now stop unless he is in the support group, as your income is too high.

Grogg

It says limited capacity for work related activity. The support component was not allowed.

Will he continue to get his industrial disablement benefit?

What about his NI contributions. Important he keeps them up as he is 50

Thanks

earthbound_misfit

I'm a bit confused - if he has limited capacity for work-related activity, then by definition I'd have thought he was in the support group. Does the letter state which group he's in?
'Industrial Injuries Disablement' benefit is taken into account when calculating ESA, so this may be why he doesn't get the 'support group component', despite being in the support group.

Grogg

Extract from letter:

The decision of the Sec. of state dec 2011 is set aside.

The appellant meets the threshold of limited capability for work and is entitled to ESA from the date of the decision.

The descriptors satisfied in Sch.2 ESA Regs are:

16c - 6 points
17c - 9 points

none of the descriptors in sch. 3 is statisfied adn the appellant is not entitled to the support component.

Any sum paid in respect of a period covered by this decision shall be offset against arrears of entitlement adn except to the extent that the sum exceeds the arrears, shall be treated as peroperly paid on account of them.

Dunroamin

Grogg wrote: »

It says limited capacity for work related activity. The support component was not allowed.

Will he continue to get his industrial disablement benefit?

What about his NI contributions. Important he keeps them up as he is 50

Thanks

You need 30 years' NICS for a full pension these days.

Grogg

Dunroamin wrote: »

You need 30 years' NICS for a full pension these days.

Oh so he's okay then because he's never been out of work since the age of 16 so had paid NI for 34 years.

Dunroamin

Grogg wrote: »

Oh so he's okay then because he's never been out of work since the age of 16 so had paid NI for 34 years.

One less thing to worry about.

earthbound_misfit

Grogg wrote: »

Extract from letter:

The decision of the Sec. of state dec 2011 is set aside.

The appellant meets the threshold of limited capability for work and is entitled to ESA from the date of the decision.

The descriptors satisfied in Sch.2 ESA Regs are:

16c - 6 points
17c - 9 points

none of the descriptors in sch. 3 is statisfied adn the appellant is not entitled to the support component..

So it doesn't say "limited capacty for work-related activity", it says "limited capacity for work".
In that case he's in the WRAG (work related activity group) and as you earn over the threshold, he won't receive ESA. He may get NI credits paid though, you'd need to look into that.

Muttleythefrog

Grogg wrote: »

Extract from letter:

The decision of the Sec. of state dec 2011 is set aside.

The appellant meets the threshold of limited capability for work and is entitled to ESA from the date of the decision.

The descriptors satisfied in Sch.2 ESA Regs are:

16c - 6 points
17c - 9 points

none of the descriptors in sch. 3 is statisfied adn the appellant is not entitled to the support component.

Any sum paid in respect of a period covered by this decision shall be offset against arrears of entitlement adn except to the extent that the sum exceeds the arrears, shall be treated as peroperly paid on account of them.

Just to clarify then. This would indicate an award of WRAG with WRAG descriptors 16c, 17c being found to apply.. refer http://www.tameside.gov.uk/esa/wca for their identity... they should correspond.

ETA. Been beaten to it for the advice..lol

Grogg

I'm really confused as to what is the point of him being awarded ESA if it's means tested and we fall at that first hurdle? Will they give him any support to get back into the work place. He hates not working but at this point in time could not hold down a regular job and that very fact is making him worse.

His union is supposed to be helping him with all this but they are blooming useless.

So basically he will get no income aside from his IID which he's been told will continue.