ESA-Presumably no longer in the Support Group.

Thanks bro58 - very useful. I think I will go down the Mandatory Reconsideration path.

My first Work Interview is next week and the letter says I must attend. So this is compulsory. Or is it?
Can I double check this?

The ESA FAQ on this site states:

Upper Age Limit
You cannot be asked to attend a WFI if you have reached or passed the upper age limit.

For a woman this is their State Retirement Age.
For a man this is the State Retirement Age of a woman born on the same day.

Well the SRA for a woman born on the same day as me is 6th July 2013.

Have the regulations changed since the FAQ was written?

madmark wrote: Thanks bro58 - very useful. I think I will go down the Mandatory Reconsideration path.

My first Work Interview is next week and the letter says I must attend. So this is compulsory. Or is it?
Can I double check this?

The ESA FAQ on this site states:

Upper Age Limit
You cannot be asked to attend a WFI if you have reached or passed the upper age limit.

For a woman this is their State Retirement Age.
For a man this is the State Retirement Age of a woman born on the same day.

Well the SRA for a woman born on the same day as me is 6th July 2013.

Have the regulations changed since the FAQ was written?

Hi, mm,

Not having to take part in WFI's/WRA once you have reached The Upper Age Limit is covered under : ESA Reg 54. (2) (c) :

"has not reached the age at which a woman of the same age as the claimant would attain pensionable age"

From :

www.legislation.gov.uk/uksi/2008/794/regulation/54/made

No, The ESA Regs regarding The Upper Age Limit have not changed.

bro58

Hi mm,

Also reiterated at : DMG Chapter 53 53014. 3.


#53014# The conditions referred to in DMG 53013 are that the claimant is

1. entitled to ESA or an advance award of ESA2 has been made (DMG 53200 et seq)

and

2. not a member of the support group

and

#3. under the age at which a woman of the same age as the claimant attains pensionable age (see DMG Chapter 75)#

and

4. not a person who is only entitled to ESA(Cont) payable at nil rate

5. not a lone parent who is responsible for and a member of the same household
as a child aged under one.

From : DM Guide CH 53.

You might want to cite ESA Reg 54. (2) (c) & Decision Makers Guide Chapter 53. @ 53014. 3. to them.

If you are to challenge this, I would contact them ASAP.

bro58