ESA Support Group

Phil_B_6

Having attended ESA tribuneral and was awarded it I was placed in a work group and told by DWP that no further cont.ESA would be paid as I have passed the 365 day rule.I cannot claim income ESA so in effect nothing.

My question is if I had been placed in the "group" would ESA ? continued.If so can I appeal and who do I need to contact.

Chorlie

The 365 Day rule only applies to the Work Related Activity Group (WRAG) within the Contribution Based side of ESA, therefore if you were either in the Support Group of Cont. ESA or on an Income Base ESA (Support or WRAG) you'd still be able to claim it after the 365 Days.

I'm been on Cont. ESA since April 2010 but I'm in the Support Group so I'm still able to claim it....

Billy_two_speakers

Phil_B wrote: »

Having attended ESA tribuneral and was awarded it I was placed in a work group and told by DWP that no further cont.ESA would be paid as I have passed the 365 day rule.I cannot claim income ESA so in effect nothing.

My question is if I had been placed in the "group" would ESA ? continued.If so can I appeal and who do I need to contact.

now you have had a tribunal you can only appeal what they have done on a point of law, did you not claim at the tribunal you should have been in the support group ? if not your next way of getting into support group is on suppersession ???? to do that you have to be sicker and its down to YOU to prove it with strong medical evidance

nannytone_2

since you were awarded WRAG in an appeal, the only way you can a[[eal this decision is if something was wrong in the way the appeal was conducted or on a 'point of law#

satarical

nannytone wrote: »

since you were awarded WRAG in an appeal, the only way you can a[[eal this decision is if something was wrong in the way the appeal was conducted or on a 'point of law#

No it's not. If you can show that your illness is worse you can go into the Support Group and start getting paid again.

nannytone_2

satarical wrote: »

No it's not. If you can show that your illness is worse you can go into the Support Group and start getting paid again.

ho.... that was what the appeal was for.
it doesnt matter if the OP's condition has worsened, it has to be judged on how they were on the day of the original assessment

iluvmarmite

satarical wrote: »

No it's not. If you can show that your illness is worse you can go into the Support Group and start getting paid again.

The appeal will only go on the original application, it doesn't matter if someone had to crawl into the room because their condition worsened considerably, the panel will still only look at and go by the condition they were in when they filled out the original form.

If the tribunal was carried out correctly and all evidence looked at and taken into consideration then the only thing someone can do if they feel the decision was wrong is to start all over again and fill out the forms for a new claim. (if it's been 6 months or more since the first claim)

satarical

iluvmarmite wrote: »

The appeal will only go on the original application, it doesn't matter if someone had to crawl into the room because their condition worsened considerably, the panel will still only look at and go by the condition they were in when they filled out the original form.

If the tribunal was carried out correctly and all evidence looked at and taken into consideration then the only thing someone can do if they feel the decision was wrong is to start all over again and fill out the forms for a new claim. (if it's been 6 months or more since the first claim)

The claimant is entitled to ESA although it is not in payment. You can claim to move upto the Support Group.

There is no need to put in a new claim - there is already one in play - the Tribunal confirmed that.

iluvmarmite

satarical wrote: »

The claimant is entitled to ESA although it is not in payment. You can claim to move upto the Support Group.

There is no need to put in a new claim - there is already one in play - the Tribunal confirmed that.

From what I make out from the post, he won the tribunal to be placed in WRAG, his contribution based ESA has run out, he can't get income based so ESA has finished for him, how can he appeal something he is no longer entitled to?

Billy_two_speakers

iluvmarmite wrote: »

From what I make out from the post, he won the tribunal to be placed in WRAG, his contribution based ESA has run out, he can't get income based so ESA has finished for him, how can he appeal something he is no longer entitled to?

he is entitled he is just getting no money
its as I posted might be spelt wrong he can ask for suppersession its not an appeal its him telling them he is now sicker if he can prove it he would move to support group and payments would start again. same for anyboady affected by 365 day rule for esa cb

seek advice then write to your dep office and put your case you have nothing to lose

Cpt.Scarlet

As loathe as I am to agree with Andy, he is actually correct. The OP is still in the WRAG, it is only their payments that have stopped, and if their condition has deteriorated since the previous decision, such that they now meet the Support Group Group criteria, they can ask to be re-assessed and if successful their ESA(CB) will be re-instated.