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SG to WRAG ?
- Derekq
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Been away from the forum for a while, have returned as am expecting a esa50 in the near future.
At the moment am in the SG this came from an appeal as origionally put into the wrag CB from IB, but on appeal put into the SG.
As I am in the SG (cb) and may be called for a face to face medical after filling the esa50 out at this point if I were to be placed into the wrag and not continue in the SG, would it be as CB wrag for 365 days ? or is it possible they may put me into IR wrag, what determines either CB or IR wrag.
Just wondered if the appeal system has altered since my first appeal i.e. can you put in an appeal straight away if I was placed back into the wrag group and did not agree with the decision.
Thanks for any info.
Regards, Derekq
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- Gordon
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Derekq wrote: Hello Forum
Been away from the forum for a while, have returned as am expecting a esa50 in the near future.
At the moment am in the SG this came from an appeal as origionally put into the wrag CB from IB, but on appeal put into the SG.
As I am in the SG (cb) and may be called for a face to face medical after filling the esa50 out at this point if I were to be placed into the wrag and not continue in the SG, would it be as CB wrag for 365 days ? or is it possible they may put me into IR wrag, what determines either CB or IR wrag.
Just wondered if the appeal system has altered since my first appeal i.e. can you put in an appeal straight away if I was placed back into the wrag group and did not agree with the decision.
Thanks for any info.
Regards, Derekq
As you were, as a result of your Tribunal, put straight into the Support Group when you were transferred from IB, you still have a 365 days of ESA(CB) payments if you were placed in the WRAG.
The appeal system remains unchanged at this time, however, you need to be aware that the ESA Descriptors and Regulations were updated in January so you will need to use the latest ESA Claim guides.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Derekq
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Thanks for the speedy reply, just to clarify, my being put into the SG was a result of sending an GL24 in with medical evidence so it was a reconsideration on appeal, I did not go to a tribunal as such, doe's this still mean that I would get the 365 day wrag CB ?
Thanks, Derekq
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- bro58
Derekq wrote: Hello Forum
Been away from the forum for a while, have returned as am expecting a esa50 in the near future.
At the moment am in the SG this came from an appeal as origionally put into the wrag CB from IB, but on appeal put into the SG.
As I am in the SG (cb) and may be called for a face to face medical after filling the esa50 out at this point if I were to be placed into the wrag and not continue in the SG, would it be as CB wrag for 365 days ? or is it possible they may put me into IR wrag, what determines either CB or IR wrag.
Just wondered if the appeal system has altered since my first appeal i.e. can you put in an appeal straight away if I was placed back into the wrag group and did not agree with the decision.
Thanks for any info.
Regards, Derekq
Hi Dq,
If you are entitled to and paid CB ESA in The SG, then you would be entitled to and paid CB ESA if you were placed into The WRAG.
Whether you are entitled to CB ESA or IR ESA depends on your NI Credit and NI Contribution history.
As I see that you were previously in receipt of IB, then it would be CB ESA that you would be entitled to. :
What will I be transferred to?
I can't recall, but did you fill an ESA 3 Form in to see whether you were also entitled to The Enhanced Disability Premium in the form of an IR ESA top-up ?
Sample ESA 3 Form
ESA Premiums
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
As you rightly state, if in receipt of CB ESA only in The WRAG, then you would only receive this for 365 days from the date of any future WRAG award.
Before that ends, you should be financially assessed to see whether you qualify for IR ESA, in that you can pass the means test with respect to household income, capital, assets and savings.
The appeals procedure for ESA has not altered, so yes, you could again appeal any WRAG award, and still receive the WRAG rate of ESA whilst appealing. (for 365 days)
bro58
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- bro58
Derekq wrote: Gordon
Thanks for the speedy reply, just to clarify, my being put into the SG was a result of sending an GL24 in with medical evidence so it was a reconsideration on appeal, I did not go to a tribunal as such, doe's this still mean that I would get the 365 day wrag CB ?
Thanks, Derekq
Yes it does Dq,
An award as a result of a reconsideration or appeal is a remaking of the original adverse decision, and is backdated to that time.
In other words it would be as if you had never been in the WRAG at all, therefore you have not used up any of your 365 days entitlement.
bro58
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- Derekq
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Thanks for the reply & info's about the clock being reset to zero re the 365 days, no, I have not filled in a esa3, not sure who gets these esa3 forms maybe people who may be able to get a top up ?
As I have gone from IB to esa SG (cb) I am guessing that they may see that I am at least level or maybe now slightly ahead in what I was recieving when on IB, so maybe I may not get an esa3 ?
I am sure that if I get put onto wrag & don't qualify for SG, then towards the end of those 365 days then an esa3 will arrive.
Regards, Derekq
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