Need advice on ESA
Comments
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Hi @laura69, welcome to the community, and sorry to hear you're having difficulties. I've moved your post to our benefits advisors' section as they may be able to offer you some advice.
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Hi Laura,
Unfortunately, as you have probably gathered, there is no 'care component' in ESA, and as such, without having seen the papers, I would suspect that the DWP are within their rights to put you in the Work Related Activity Group, as 'Support Group' has not been specified.
HOWEVER, from what you have stated, it seems to me that there is at least a possibility that the Judge on the day has simply erred in failing to specify the correct group, as 'care component' simply doesn't mean anything to ESA. As such I would recommend writing to the Tribunals Service as soon as possible, requesting a Statement of Reasons for the decision, and explaining (as you have above) what it is you are seeking clarification on. The letter needs to enclose a copy of the decision notice you received, and if it is more than a month after the decision, needs an explanation about the delay. Be polite, as it's best to keep the Tribunals Service on side (as it sounds like they were).
Hope this helps.
Kind regards,
Mary
The Benefits Training Co: -
I worded it wrong, it says on the letter 15 points with the support component, that's why I'm confused, surely they can't go against a judges ruling?
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