Employment and Support Allowance (ESA)
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ESA money stopped

SwanmanSwanman Member Posts: 2 Listener
Hi. Can anyone advise me?
I have been in the support group for years but at one point I was in the WRAG but appealed and won and put back in the support group. I had a medical at the end of August and put back in the WRAG again, but am appealing again! 
I got a letter on Monday saying my money had been stopped as I had been in the WRAG for 365 days, even though I got put in it on the 12th September 2018. They are saying when I was in the WRAG in July 2015 for 10 months while we appealed it now makes 365 days, surely they can't do that when the court said i had been put in the wrong group?
My wife has been ringing everyday to speak to them and keeps getting told the benefits team will ring well surprise surprise they still haven't.
Any advise would be great.

Replies

  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Swanman,

    Your previous time in the WRAG should not count, as once your appeal about that decision was successful, that time should then be treated as time in the support group, where you have effectively been the whole time until the 12th Sept 18 decision.

    You've appealed that 12 Sept decision (not sure which stage you are at, but presumably you are aware of the need to request mandatory reconsideration first). 

    I suggest that if the DWP don't sort things out quickly, you formally ask for a mandatory reconsideration of the decision to end your contributory ESA (separately to your appeal about the recent WRAG decision). Explain that you have had NO time in the WRAG before 12 September 18 because the time you previously had was converted to time in the support group following your successful appeal (give the dates of the relevant initial decision & appeal result if you can). 

    I don't think there should be any time limit on you asking to change this decision (to end your contributory ESA) because I think it is an official error.

    The law to quote if you need it is the Welfare Reform Act 2007 s1A(5). There's some guidance in the Decision Maker's Guide too, at para 41820. But the basic principle is that because your original appeal was successful, you haven't had any time out of the support group until this 12th September (ie 12.9.18).

    Hope you get this sorted soon!

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • SwanmanSwanman Member Posts: 2 Listener
    Hi Will
    Thank you for this, it's a great help. I have eventually had a call today and they are looking into it now. I have said his time shouldn't count as per your message.
    So just wait and see.
    Thank
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