NS EMPLOYMENT SUPPORT ALLOWANCE: WORK RELATED ACTIVITY GROUP

bkmla

I wonder if anyone could clarify an aspect regarding the Work Related Activity Group in the context of NS ESA.

I understand that an award of being placed in this group lasts for one year.

What happens once the year is up: is the claimant automatically passed fit for work, or do they undergo another Work Capability Test by completing Form ESA 50?

Also, if the claimant does have to undergo another Work Capability Test by completing Form ESA 50, by being in the Work Related Activity Group for a year, could this influence the decision maker to pass the claimant is fit for work?

Finally, would the claimant's work coach submit a report to the decision maker on how the claimant performed in the Work Related Activity Group over the previous year?

huckster

I think for NS ESA WRAG the claim ends after 365 days.   

Work Coaches may hold an appointment for someone in WRAG, but depends on capacity of Job Centre. May not have any appointments unless they are requested by claimant. Work Coaches have no current input into work capability.

poppy12345

When ESA ends after that one year you will continue to receive NI credits but your money will stop. No, you won't automatically have another work capability assessment. 

If you've recently had a decision that placed you into this group and you think you should be in the Support Group then you can challenge that decision by requesting the Mandatory Reconsideration. Before doing that you should look at the descriptors to see if you think any will apply to you. https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/support-group-descriptors

If they do then you should put your request in writing stating which one you think applies to you and your reasons why. 

If it's been longer than 1 month since the decision was made then you'll need to give a reason why you didn't request it within that time. If they refuse, you can proceed to Tribunal. 

bkmla

poppy12345 said:

When ESA ends after that one year you will continue to receive NI credits but your money will stop. No, you won't automatically have another work capability assessment. 

If you've recently had a decision that placed you into this group and you think you should be in the Support Group then you can challenge that decision by requesting the Mandatory Reconsideration. Before doing that you should look at the descriptors to see if you think any will apply to you. https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/support-group-descriptors

If they do then you should put your request in writing stating which one you think applies to you and your reasons why. 

If it's been longer than 1 month since the decision was made then you'll need to give a reason why you didn't request it within that time. If they refuse, you can proceed to Tribunal. 

Could you after one year of being in the Work Related Activity Group obtain Fit Notes from your GP, make a fresh claim for NS ESA and re-enter the assessment phase, proceeding to a Work Capability Test?

nannytone_2

Only if your NI contributions are in the correct tax years applicable at that timeme.
If not, you may be able to claim UC, depending on household circumstances

Newcad

When NS ESA WRAG ends after the one year it is usual to then claim UC. If you would qualify for UC.
(Things like savings/capital over £16k would disqualify you for UC).

bkmla

Newcad said:

When NS ESA WRAG ends after the one year it is usual to then claim UC. If you would qualify for UC.
(Things like savings/capital over £16k would disqualify you for UC).

Hypothetically, a claimant has claimed NS ESA and been in the Work Related Activity Group for a year. 

Despite this, they still feel unfit for work.

They have under £16,000 in savings.

Would they claim Universal Credit, send in Fit Notes from their GP and undergo a Work Capability Test by completing Form UC 50?

If so, once they were assessed, would it be possible for them to be placed in the Support Group or in the Work Related Activity Group for another year?

Spoonie_Turtle

bkmla said:

Newcad said:

When NS ESA WRAG ends after the one year it is usual to then claim UC. If you would qualify for UC.
(Things like savings/capital over £16k would disqualify you for UC).

Hypothetically, a claimant has claimed NS ESA and been in the Work Related Activity Group for a year. 

Despite this, they still feel unfit for work.

They have under £16,000 in savings.

Would they claim Universal Credit, send in Fit Notes from their GP and undergo a Work Capability Test by completing Form UC 50?

If so, once they were assessed, would it be possible for them to be placed in the Support Group or in the Work Related Activity Group for another year?

For UC the award is ongoing, until they're either reassessed and given a different outcome, or their financial circumstances change such that they are no longer eligible for UC.

If somebody claims UC from … I think it's the day after their ESA ends (or before that, if there's eligibility), they wouldn't need to be reassessed because their WCA decision would carry over to UC.  But only if it's an immediate claim, if there's any break then they would have to be reassessed.

[On UC the WRAG equivalent is LCW, Limited Capability for Work; the Support Group equivalent is LCWRA, Limited Capability for Work and work-Related Activity.]

bkmla

Thank you to all who have responded.; I'm starting to get a fuller understanding of the issue.

The situation is that my friend is off work sick and in receipt of the NS ESA (£90.50 p/w)

He recently underwent the Work Capability Test and is awaiting a decision.

However, his contract of employment will terminate on 14 August, after which he intends to make a claim for Universal Credit in order to receive assistance with housing costs.

With regard to the impending NS ESA decision, he is hoping for at least inclusion in the Work Related Activity Group.

If this transpires, I anticipate this decision being incorporated into his claim for Universal Credit in the form of being considered as having Limited Capability for Work.

In the decision letter re NS ESA, I anticipate the time for being in the Work Related Activity Group / Limited Capability for Work to be stated as one year.

As he will now be in receipt of Universal Credit, I anticipate him, after one year or possibly longer, being asked to undergo another Work Capability Test in order to assess his fitness for work.

Is this how the system works?

Spoonie_Turtle

bkmla said:

Thank you to all who have responded.; I'm starting to get a fuller understanding of the issue.

The situation is that my friend is off work sick and in receipt of the NS ESA (£90.50 p/w)

He recently underwent the Work Capability Test and is awaiting a decision.

However, his contract of employment will terminate on 14 August, after which he intends to make a claim for Universal Credit in order to receive assistance with housing costs.

…

In the decision letter re NS ESA, I anticipate the time for being in the Work Related Activity Group / Limited Capability for Work to be stated as one year.

As he will now be in receipt of Universal Credit, I anticipate him, after one year or possibly longer, being asked to undergo another Work Capability Test in order to assess his fitness for work.

Is this how the system works?

Nearly how the system works.  He would probably be reassessed at some point, yes, but there's no reason to think it would be at the year mark.  The WCA determination continues whilst claiming a relevant benefit until/unless reassessed with a different outcome.
If he only claimed ESA then all that would happen after the year is his payments would stop but he would still be deemed to have LCW, which would be relevant if he needed to claim NI credits on that basis.  (However with claiming UC he won't need to claim NI credits on the basis of LCW, because UC gives NI credits too.)

He may be best to claim UC after his final wages from work, to maximise his first UC payment - however that does depend on how high his wages are.

Has he done any benefits calculations to see if he could claim UC already?

poppy12345

I don't know if this has been mentioned but when he claims UC the ESA will be deducted in full from any UC entitlement. 

As a decision hasn't yet been made on the WCA once it is made if he's not found to have LCWRA and he thinks he should qualify then he should challenge that decision by requesting a Mandatory Reconsideration.