what happens to benefit if I appeal being in WRAG?

hi all,

have been placed in ESA WRAG.

If I appeal, as I believe I should be in Support Group, will I be returned to ESA basic benefit or will I remain in receipt of WRAG rate until the appeal is heard?

What would happen if the appeal is lost and I get nothing? Will I have to repay the ESA WRAG benefit already paid?

Thanks for any help.

Lisa

Sorry to take advantage of you and your question, but I too, would like to know what to do...?

cmarie.

thanks for the piggyback...

thanks Gordon,

so I was placed in WRAG after appealing an ESA decision. IF at the eventual appeal they strip me of everything will I have to pay back the WRAG component recently awarded or does the fact that they have accepted I am entitled to WRAG mean I can keep the WRAG benefit up until the final appeal date?

If I appeal their reconsideration decision to put me in WRAG can they not change their mind and put me back to basics?

thanks again, Lisa

If you are placed in the WRAG when you believe you should be in the support group, in the first instance the tribunal would have to warn you in accordance with paragraph 70 of the Tribunal Benchbook, that they were considering removing the WRAG component.

You would then be given the opportunity whether you wished to continue or withdraw your appeal, having been given the warning. If you withdrew your appeal, that would be the end of the matter. If however you decided to proceed the tribunal would have limited grounds to remove your entitlement, these being either ignorance or a mistake as to a material fact.

If the tribunal decided that you had no entitlement to ESA, there would only be a requirement to repay any alleged overpayment if it was found that you had misrepresented a material fact, or you had failed to disclose a material fact.

As previously mentioned if you have been awarded ESA, but only put in the work-related activity group whereas you believe you should be in the support group, you will continue to receive your ESA with a work-related activity component as normal whilst you appeal. There is nothing in the regulations that state that you would be returned to the ESA assessment phase from the WRAG, if you asked for a reconsideration of the original ESA decision.