ESA queries

Hello,
Just wondering if someone can help.
My son was migrated from IB to ESA (WRAG) some time ago and as the ESA was less than IB, he received a top up payment. His Contribution Based ESA expired this month and he submitted An ESA 3 so he could be assessed for Income Related ESA.
In the meantime, following submissions from us and the intervention of Welfare Rights, he has now been placed in the Support Group, which is a great relief.
I have 2 queries: Presumably now he is in the SG, he will remain on Contribution Based ESA?
Also, as the Support component is £6.35 more than the WRAG component, will he now receive more money or will his ESA still be frozen at the amount he was receiving on IB?
Any advice will be appreciated. Thanks

Elston wrote: Hello,
Just wondering if someone can help.
My son was migrated from IB to ESA (WRAG) some time ago and as the ESA was less than IB, he received a top up payment. His Contribution Based ESA expired this month and he submitted An ESA 3 so he could be assessed for Income Related ESA.
In the meantime, following submissions from us and the intervention of Welfare Rights, he has now been placed in the Support Group, which is a great relief.
I have 2 queries: Presumably now he is in the SG, he will remain on Contribution Based ESA?
Also, as the Support component is £6.35 more than the WRAG component, will he now receive more money or will his ESA still be frozen at the amount he was receiving on IB?
Any advice will be appreciated. Thanks

Hi E,

Congratulations on your son's SG award at reconsideration.

Yes, as he will now be in The SG, he will continue to receive CB ESA.

If this SG award was as the result of a successful reconsideration/appeal of the original adverse WRAG award, then as the SG award will be back dated to the time of the original WRAG award, it will be as if he has not been in The WRAG at all.

Therefore, he will still have his full 365 days entitlement to CB ESA, just in case he is again placed into The WRAG at some future reassessment.

As you may know, any time spent in The SG does not count against your 365 days entitlement to CB ESA.

12 Month Limit for ESA(CB)

The FAQ below should explain your other query, as he was successfully transferred from IB to what will now be The SG, he will be covered by Transitional Protection :

What will I be paid?

It may be helpful that he has filled in an ESA 3, as if he is entitled to IR ESA, he may also receive the Enhanced Disability Premium, as an IR ESA top up :

ESA Premiums

bro58

Thanks for your reply bro. I'm not sure this can actually be classed as successful reconsideration/appeal of the original adverse WRAG award. He was placed in the WRAG in August last year but didn't appeal as he thought he could manage the appointments. However, his condition deteriorated around the turn of the year and we have been hoping to get him transferred to the SG since then, with eventual success.

As far as the amount of his benefit is concerned, as I read it, he will still get the same amount-ie the amount he was receiving on IB.

I'm not really familiar with the Enhanced Disability Premium. I assume this is something that is paid to people with fairly severe disabilities and you have to apply for it? We haven't had a response as yet to the ESA 3, maybe now he has been placed in the SG, they will disregard this.

Thanks again for your help and advice.

Elston wrote: Thanks for your reply bro. I'm not sure this can actually be classed as successful reconsideration/appeal of the original adverse WRAG award. He was placed in the WRAG in August last year but didn't appeal as he thought he could manage the appointments. However, his condition deteriorated around the turn of the year and we have been hoping to get him transferred to the SG since then, with eventual success.

As far as the amount of his benefit is concerned, as I read it, he will still get the same amount-ie the amount he was receiving on IB.

I'm not really familiar with the Enhanced Disability Premium. I assume this is something that is paid to people with fairly severe disabilities and you have to apply for it? We haven't had a response as yet to the ESA 3, maybe now he has been placed in the SG, they will disregard this.

Thanks again for your help and advice.

Hi E,

In that case, if it is a supersession/review as a result of a deterioration in his condition since the time of the original WRAG award that has placed him into The SG, it will not be back dated to the time of the original WRAG award, and will only take effect from the time of the superceding decision.

Therefore he will not get back any days that he has spent in receipt of CB ESA in the WRAG up to the date of the superceding SG award.

He will still be covered by Transitional Protection, as he was still successfully transferred to ESA albeit WRAG.

Claimants who are placed into The SG are automatically entitled to the Enhanced Disability Premium, however to be paid it they must also be entitled to IR ESA, this is decided by being financially assessed using an ESA 3.

"Enhanced Disability Premium :

You or your partner must satisfy one of the following:

be in the support group

OR

be under the qualifying age for pension credit and receiving the high rate care component of disability living allowance"

From :

ESA Premiums

Currently the Enhanced Disability Premium is £15.15/week, even if he is not entitled to the whole amount, he may be entitled to part of it, this will be dependent on whether he is entitled to an IR ESA top up, and if so, how much.

2013-14 Benefit Rates

bro58

Hello,

Sorry to return to this topic after so long. I understand the position regarding backdating as far as days in the WRAG/SG are concerned but am wondering if he is entitled to any back pay as he is now getting an additional £6.35 pw for being in the SG following the reversal, on 1 August 2013, of the decision of 30 April 2013.

As always, any advice will be much appreciated.

Thanks, E