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11 years 3 months ago - 11 years 3 months ago #117002 by Spridgett
WRAG was created by Spridgett
Good afternoon,
I was found f4w following an IB reassessment in September, 2012. I appealed this decision and I finally have my tribunal hearing a week today. In the meantime, I was paid CB ESA at the assessment rate, my entitlement to which ended after 365 days. If I am successful at the tribunal, and put into the WRAG group, I understand that I will be entitled to receive backdated monies, in respect of the WRAG component of ESA, for the aforementioned 365 day period. I am no longer receiving any payment, other than NI credits, and understand that I will not be entitled to further CB ESA payments unless and until I am granted entry into the SG at a future reassessment. That being the case, can you please confirm that I will not be obliged to attend any WFI's in order to receive my backdated monies?
Thank you for any clarification/reassurance you can give me on this point.
Spridgett
I was found f4w following an IB reassessment in September, 2012. I appealed this decision and I finally have my tribunal hearing a week today. In the meantime, I was paid CB ESA at the assessment rate, my entitlement to which ended after 365 days. If I am successful at the tribunal, and put into the WRAG group, I understand that I will be entitled to receive backdated monies, in respect of the WRAG component of ESA, for the aforementioned 365 day period. I am no longer receiving any payment, other than NI credits, and understand that I will not be entitled to further CB ESA payments unless and until I am granted entry into the SG at a future reassessment. That being the case, can you please confirm that I will not be obliged to attend any WFI's in order to receive my backdated monies?
Thank you for any clarification/reassurance you can give me on this point.
Spridgett
Last edit: 11 years 3 months ago by slugsta.
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11 years 3 months ago #117004 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic WRAG
Hi Spridgett,
Good luck with the Tribunal! Please let us know how you get on. Have you been using our appeals guides while you have been waiting?
Yes, if you are awarded WRAG you will recieve the difference between the assessment rate and WRAG for 365 days. As you were on IB prior to assessment, you might get the money made up to what you were getting on IB if it is deemed that the transitional arrangements apply to you (perhaps one of my fellow mod's will comment on this).
As the period for which you will be paid the WRAG element has passed, you cannot be required to undertake any WRA in order to receive your money.
You are correct in saying that peyment will resume if you are placed in the Support Group at any stage in the future. Payment of contributory ESA is not time-limited in the Support Group.
Good luck with the Tribunal! Please let us know how you get on. Have you been using our appeals guides while you have been waiting?
Yes, if you are awarded WRAG you will recieve the difference between the assessment rate and WRAG for 365 days. As you were on IB prior to assessment, you might get the money made up to what you were getting on IB if it is deemed that the transitional arrangements apply to you (perhaps one of my fellow mod's will comment on this).
As the period for which you will be paid the WRAG element has passed, you cannot be required to undertake any WRA in order to receive your money.
You are correct in saying that peyment will resume if you are placed in the Support Group at any stage in the future. Payment of contributory ESA is not time-limited in the Support Group.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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11 years 3 months ago #117008 by Spridgett
Replied by Spridgett on topic WRAG
Good afternoon, Mrs. Hurtyback, and thank you for your response to my enquiry. I believe that the transitional arrangements should apply in my case, as I had been on IB for over 20 years.
I will, of course, let the forum know the outcome of my long awaited tribunal hearing. I have indeed been using this site as a source of reference for my appeal and I am also fortunate enough to have gained representation, in the form of my local authority Benefits Officer, who will be attending the tribunal with me. In a supplemental submission to the tribunal, the DWP had already conceded that I should have at least been placed in the WRAG at my assessment but have refused to grant me this status to date, and a consequential further right of appeal, as we are appealing for SG status. It will be interesting to hear what the tribunal make of the DWP's stance in this regard.
Spridgett
I will, of course, let the forum know the outcome of my long awaited tribunal hearing. I have indeed been using this site as a source of reference for my appeal and I am also fortunate enough to have gained representation, in the form of my local authority Benefits Officer, who will be attending the tribunal with me. In a supplemental submission to the tribunal, the DWP had already conceded that I should have at least been placed in the WRAG at my assessment but have refused to grant me this status to date, and a consequential further right of appeal, as we are appealing for SG status. It will be interesting to hear what the tribunal make of the DWP's stance in this regard.
Spridgett
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