esa appeal from wrag to support

nashly

When my wife was migrated over from Incapacity to ESA she was placed in the WRAG group which she appealed straight away as she fits more than one descriptor of the support group, the DWP have not made a decision in the 11 months since appealing and we are worried that after a year her payments might stop due to the year limit on WRAG payments.
Am I correct in thinking this might be the case ?

loudmouth

nashly wrote: »

When my wife was migrated over from Incapacity to ESA she was placed in the WRAG group which she appealed straight away as she fits more than one descriptor of the support group, the DWP have not made a decision in the 11 months since appealing and we are worried that after a year her payments might stop due to the year limit on WRAG payments.
Am I correct in thinking this might be the case ?

Yes, it is the case, but if at the hearing they agree she should be in the support group , it will be backdated.

HB58

As 'loudmouth' says, the ESA payments will stop after 365 days - unless you think you and your wife have a low enough income to be eligible for income-related ESA, in which case you should ask for an ESA3 to give details of your financial circumstances.

nutty1

if you are put in the wrag and then sends an appeal in to get on the support group, do you still get paid, and can they then decide not to put you in the support group but decide you are fit for work or do you just stay in the wrag if you get turned down for the support group

Indie_Kid

You still get paid, yes.

nutty1

Indie_Kid wrote: »

You still get paid, yes.

thought i read on here that they didn't pay you now in appeal stage, you had to claim jsa

Indie_Kid

kathrynt wrote: »

thought i read on here that they didn't pay you now in appeal stage, you had to claim jsa

That's only for those who failed and aren't entitled to ESA.

nashly

Thanks for replies everyone

rogerblack

kathrynt wrote: »

if you are put in the wrag and then sends an appeal in to get on the support group, do you still get paid, and can they then decide not to put you in the support group but decide you are fit for work or do you just stay in the wrag if you get turned down for the support group

As others have said - the payment of WRAG continues until a decision is made.
However, if you appeal that you should be in the support group, the decisionmaker can decide that you are fit for work instead. They are not limited to finding that the original decision was correct or that you're eligible for the support group.

nashly

Ta Roger

So as my wife has applied to have the decision looked at again her payments would continue even if it went over the one year period wrag is made up of ?

pmlindyloo

nashly wrote: »

Ta Roger

So as my wife has applied to have the decision looked at again her payments would continue even if it went over the one year period wrag is made up of ?

There has been some confusion here because of someone else posting.

If you are on contribution based ESA and in the WRAG group then at the end of the 365 days your ESA will finish even if you appeal to go into the Support group. If you win the appeal then your ESA will be backdated to when it stopped.

Contribution based ESA when in the Support Group has no time limit.

The confusion has arisen because income based ESA is not time limited for either group so if you are on income based ESA in the WRAG group then if you appealed for the Support Group your money would continue.

Since your wife was migrated from IB she will be on contribution based ESA. And just to complicate things further would she be eligible for income based ESA when her contribution based ends so that she can continue to receive it while she is appealing?