ESA support vs work related group...

zudecke

Hi all,

Recently a friend won an appeal against an Atos decision which awarded him 0 pts.

The appeal was successful in that his benefit was reinstated, however, he didn't know the difference between work related and support elements and is a bit confused as to why he's being asked to attend these back to work meetings when he can just about stand up without experiencing excruciating pain. The woman hosting the session even asked him to leave as it was apparent how much pain he was in.

He's now also receiving letters saying that his benefit is effected by the new caps coming into place and it's only really clear now that he's on the "wrong" benefit.

What is the process for him to get either the support element of ESA or DLA, without risking his current benefit? I. E. He doesn't want to apply for something, get it rejected and them have nothing.

Neither of us know a lot about how this works and I'm trying my best to research for him.

Regards,

Z

DomRavioli

I think you've got yourself a little bit confused (don't worry we've all been there!). Sounds like he is on income-based ESA, which he will have been given if he has not gained enough NI credits in the last 2 years. Changing from the WRAG to the Support group will not stop the benefit caps, the only way to stop the cap is if he is classed as disabled - this usually means either middle/higher rate care and/or higher mobility, but please check with the DWP first.

If he wants to be in the support group - he would have to fulfil one of the support group descriptors, check the disability and dosh section of the forum, Richiefromtheboro and RogerBlack are 2 great users who have a wealth of info over on there. The support group is exactly that; it is if you are unable to return to work in the near (around a year) future. Unfortunately, if he does not fulfil the criteria, he will be placed in the WRAG.

Oh and for DLA, the condition must have lasted at least 3 months, and will be expected to continue for at least another 9 months - although this will be changing due to PIP replacing DLA - again check with the DWP first.

Hope this helped a little bit, if you need anything else, you can direct message me or usually find me somewhere

Horseunderwater

If he did get into the Support group - then he would get the disability premuim paid automatically if on IR ESA.
http://pseudo-living.blogspot.co.uk/2012/03/esa-descriptors-and-points.html Gives a list of ESA descriptors.

Robbie64

DomRavioli wrote: »

I think you've got yourself a little bit confused (don't worry we've all been there!). Sounds like he is on income-based ESA, which he will have been given if he has not gained enough NI credits in the last 2 years. Changing from the WRAG to the Support group will not stop the benefit caps, the only way to stop the cap is if he is classed as disabled - this usually means either middle/higher rate care and/or higher mobility, but please check with the DWP first.

If he wants to be in the support group - he would have to fulfil one of the support group descriptors, check the disability and dosh section of the forum, Richiefromtheboro and RogerBlack are 2 great users who have a wealth of info over on there. The support group is exactly that; it is if you are unable to return to work in the near (around a year) future. Unfortunately, if he does not fulfil the criteria, he will be placed in the WRAG.

Oh and for DLA, the condition must have lasted at least 3 months, and will be expected to continue for at least another 9 months - although this will be changing due to PIP replacing DLA - again check with the DWP first.

Hope this helped a little bit, if you need anything else, you can direct message me or usually find me somewhere

A person in receipt of ESA who is in the Support Group is exempt from the benefit cap.

http://www.turn2us.org.uk/information__resources/benefits/benefits_news_and_changes/benefit_cap.aspx

DomRavioli

Robbie64 wrote: »

A person in receipt of ESA who is in the Support Group is exempt from the benefit cap.

http://www.turn2us.org.uk/information__resources/benefits/benefits_news_and_changes/benefit_cap.aspx

I did say check with the DWP. I'm not a benefits adviser, although I work in a field closely related.
Don't know why you had to quote me to say that.

HB58

If your friend has already been through a tribunal, he can only take this further if there has been an 'error in law' - even then, that can only be done within 1 month of the tribunal decision, so I suspect he is already out of time.

The whole ethos of the Welfare Reform Bill is that claimants will undergo periodic reassessments. Your friend can either wait for such a reassessment to roll round or, if his condition has worstened significantly, he can contact DWP and ask for a 'supersession' of his claim. However, both of these options run the risk of being found fit for work again.

Robbie64

DomRavioli wrote: »

I did say check with the DWP. I'm not a benefits adviser, although I work in a field closely related.
Don't know why you had to quote me to say that.

I quoted simply so I could point out that a person on ESA and in the support group is exempt from the benefit cap. There was no ulterior motive.

zudecke

HB58 wrote: »

If your friend has already been through a tribunal, he can only take this further if there has been an 'error in law' - even then, that can only be done within 1 month of the tribunal decision, so I suspect he is already out of time.

The whole ethos of the Welfare Reform Bill is that claimants will undergo periodic reassessments. Your friend can either wait for such a reassessment to roll round or, if his condition has worstened significantly, he can contact DWP and ask for a 'supersession' of his claim. However, both of these options run the risk of being found fit for work again.

So you can never move between benefits?

He wasn't aware of any esa variations and thought it was just plain esa..

HB58

"So you can never move between benefits? "

You can move between WRAG and Support Group at a routine reassessment or through a 'supersession' if the condition has changed significantly.

epitome

Or by reconsideration or appealing

You say he "won his appeal".... The question here is did he go to a tribunal to get that win Her Majestys Courts and Tribunal Service?
Or did he get a letter from his Benefit centre saying "we have looked at our decision again and changed the decision to WRAG...?

If he went to tribunal he is very unlikely to be able to get that decision changed to Support Group.

If he just got a reconsideration letter from DWP, then he can appeal the letter/decision to place him in WRAG, and go to tribunal to get Support Group.

redskyatnight_2

DomRavioli wrote: »

I think you've got yourself a little bit confused (don't worry we've all been there!). Sounds like he is on income-based ESA, which he will have been given if he has not gained enough NI credits in the last 2 years.

Sorry to be rude and ignorant, but how and why is what you get in ESA linked to your NI contributions? Is this if you are going on it from not being on any benefit??? Rather than going on it from incapacity benefit?

Thank you