Got sec.35 in tribunal but they awarded me WRAG?

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nanda81
nanda81 Online Community Member Posts: 12 Listener
edited February 2019 in Employment and Support Allowance (ESA)
So i won my ESA tribunal a couple of weeks ago. I got awarded 6 points and secrion 35 got applied... just got a letter saying that they have awarded me WRAG as opposed to support group? 

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  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Hi,

    Are you sure it was reg 35 and not 29? where was the letter from that you received?
  • nanda81
    nanda81 Online Community Member Posts: 12 Listener
    Thats what the thing sais... the woman from citizens advice clearly said section 35... 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Where was the letter from that you received and what does it say exactly? was it from the Tribunal or DWP?
  • nanda81
    nanda81 Online Community Member Posts: 12 Listener
    I am trying to upload the picture... its taking a while... 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Please hide all the personal details.
  • nanda81
    nanda81 Online Community Member Posts: 12 Listener
    edited February 2019
    .
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    It's says, no schedule 3 descriptor applied which means it's not reg 35, it's reg 29 for WRAG. Seems like the person that went with you from CAB misunderstood what was said at the hearing. The wording they use makes it very easy to misunderstand what's said. The Tribunal wouldn't change the decision at a later date.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    If your claim started before April 2017 then you'll receive the extra money for the WRAG, otherwise it will be £73.10 per week.
  • nanda81
    nanda81 Online Community Member Posts: 12 Listener
    Thats just great... i really struggle to leave the house, let alone anything else... :'( what do i do now? 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    I'm so sorry! You can only appeal the decision if an error in law is found. To find that error you need to ask HMCTS for the state of reasons and record of proceedings. Once you receive this you need to find someone to take a look to see if there's an error, otherwise you won't be able to take it any further, i'm afraid.

    Being in the WRAG doesn't mean you have to look for work. It means you are deemed to be able to engage in 'work related activity' i.e. talking to an employment adviser about your future return to the workplace, and what support you might need to arrive at that stage. The first appointment is with an Employment Adviser in the Jobcentre, the rest of them will be with someone in a private sector company contracted to the DWP to run the Work Programme.

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