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esa tribunal won placed in wrag group
- Gordon
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Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- bro58
Kelly wrote: Hi bro58, thanks for reply yes iam on esa cb from 9th may 2012 untill .may 2013 on assessment rate but as I won appeal yesterday I was told by judge I would get all backdated money.hope this is right? Regards kell 13
Hi K,
It is just that you said in a previous post that "it had taken 14 months to get this far".
Unfortunately, even though you may only have been in receipt of Assessment Rate ESA whilst appealing, if it was CB ESA only, with no Income Related ESA element, it will count against your 365 day entitlement to CB ESA.
Therefore, you will be entitled to any arrears of The WRA Component of ESA, this will be the difference between what you have been receiving on Assessment Rate, and what you would have received if you had originally been placed in The WRAG. This will be owed from the date of the fit for work decision. (which seems to be May 2012)
Therefore, from what you have told me, you will only receive payment of CB ESA in The WRAG, as you are now, until around May 2013, (365 days in total)
Depending on your household income, capital, assets and savings, you may then be entitled to IR ESA, and should be invited to apply for it, to see whether you can pass the "Means Test".
See : Asset rule for ESA(IR)
&
24 hour work rule for ESA(IR)
If you cannot pass the means test, all payments of ESA will cease, and you will receive NI Credits only for the purposes of State Pension.
If you are still confused, please repost.
bro58
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- Kelly
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- bro58
Gordon wrote: Congratulations
Gordon
Yes, K has done well
bro58
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- bro58
Kelly wrote: Hi bro 58,also meant to say my friend sent appeal descision to dwp special delivery for me and I have prroof this was signed for today.how long do you think it will take to receive back payment.regards kell13
Hi K,
It is hard to say, it depends how busy the DWP office is, that are dealing with it.
Do you understand now, that your payments of CB ESA in The WRAG may cease in May 2013 ?
bro58
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- Kelly
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