Won appeal

epitome

The court has no authority to tell DWP how long it will be before she is re-assessed, the court gives a "recommendation" the court could say "recommend not to be reassessed for 2 years", the DWP could then reassess within 3 months if they want to.

The courts letter will say what group she is in WRAG or Support Group? It will say the decision of xx xx xxxx is set aside you .have been found to have bla bla bla with the Work Related Activity.... or... Support bla bla bla.... what does it say?

How long have you been in WRAG recieving payments? Do you have a wholly ESA IR claim or do you have (or did have) an ESA C entitlement?

I have a feeling you are in ESA WRAG Income Related, you get paid for your partner. ..... £141 a week 112.55 + 28.45 from this, maybe they deduct the pension at 60 with a 20 disregard leaving a deduction of 40 ??? (I would be surprised that a partners pension had a 20 disregard though) leaving you with 97.... if not, you need to explain how they arrive at the figure of £97 for you.

Your partner needs to know if she satisfied the ESA Contributions test FCC (first cont condition) & SCC (second cont condition) have they both been passed for the first claim....? As there has been a new claim made since then this could be difficult to find out without a callback from ESA benefit centre. Unless you still have the original ESA award letter which says "We will pay you ESA Contributions based" or "you have not paid sufficient National Insurance for us to pay you ESA Conts"

She wasn't getting paid because she wasn't supplying sick notes whilst on appeal, however she would only have got paid if she supplied sick notes AND she was entitled ESA C (FCC & SCC)


I think I'll wait to find out what group (and type) she is in before I say any more. And your type.

bloolagoon

Nothing to add as I don't have experience but how awful for your wife at her age, please pass on well wishes as I hope she can recover

jeff_chandler

Thank you for all the replies which have been most interesting.

We since have read the letter given to us by the court when we attended and it stated that .
1 the appeal is allowed

2 The decision made on 21st July is set aside

3 She is entitled to Employment and support allowance (ESA) with the Support component.

4 in applying the work capability assessment 15 points were scored from the activities in schedule 2 of the ESA Regulations 2008 made up of as follows , then it gives the letters where points scored

5 No descriptor from schedule 3 of the ESA regulations 2008 was satisfied but regulation 35 .of the Regulations 2008 applied.

6 The tribunal recommend that the department do not reassess within 12 months from todays date

So it appears that she has been placed in the support group. What does this now mean.
Kind regards.

epitome

It means nothing, until you answer the rest of the questions in post #12 so far, you have answered the first question.