Was put in WRAG, after 365 told to claim for incapati?

[elmo1970]

I have no saving, no parnter so am i claiming the right thing?

[Hidden]

I think you have to claim ( or try to claim ) Income Support, after 365 days or appeal and ask to be put in the support group ( where the 365 day rule doesn't apply )

Hugs

xx

[Davlad]

i was lead to believe after your 365 days you were supposed to fill in your forms to stay in WRAG because as you've pointed out no savings or partner so you should if your not fit for work be getting the WRAG rates.. if elmo has been in WRAG for 365 helen she has no right of appeal for SUPPORT group as the timescale for appeal into the SUPPORT group is 30 days 365 in special circumstances... this stinks as some people dont realise till after the 365 days are over and these groups being so complicated... go to C.A.B. elmo if your unsure..

[Hidden]

It is possible to appeal and ask to be put in the support group if you have " exceptional " circumstances. They don't explain what these " exceptional " circumstances are , so I think it's still worth asking . CAB would certainly know as Davlad suggests .

After 365 days if you have no partner or savings you can be migrated onto income related ESA and can also be entitled to income support ( if it's decided you don't have enough income to live on ) .

Do they reassess you after 365 days Davlad ?

I wasn't sure from elmos's post if they had already received the 365 days worth of ESA or had been told about this before the time period.

[Davlad in reply to Hidden]

if you read what Elmo's question was Helen she said after 365 days of WRAG she was placed in incapacity but i dont know how they can do that because people go to WRAG from incap'.... this is all confusing and deliberatly made so..... but my point was she has no right of appeal as she has been in the WRAG group for the 365 days.. thats what i've been trying to tell people... they have worked it that by the time you realise its to late to appeal.... the sneaky horrible lot have thought long and hard how to cheat us and used top lawyers to do so.... god it makes my blood boil....

[julieevh]

There is no time limit on income related ESA.

Even if you have an income from a private pension you can still get some income related ESA.The weekly pension allowance is £85 and you will have your ESA reduced by half the excess. So if your pension is £100 you will have an excess of £15 and will thus get your ESA reduced by £7.50 a week.

Seems like yet another way of leeching our money away from us .... ohh don't let me get all political lol.

Julie xx

[Davlad in reply to julieevh]

make sure what your quoting is not if your on incapacity waiting to migrate to one of the ESA groups julie.... they are trying to fool people.. if you've got a pension or any other income ie partners earnings/benefit coming into your household your ESA stops after 365 days,,with no exception ......

[Davlad]

i dont know Helen... they give me 18 months because they said i had substantial dissabilities to both upper and lower limbs... ( you have to phone DWP and ask for form ESA85A ) it tells you what the medical report is they've said about you and for how long.... so i guess thats how long i would have been paid for if i had no other income... but because i have industrial injuries it wipes it all out... Julie are you sure your not on about incapacity before you migrate to the ESA groups.... i read exactly the same as what you are saying and thought i was ok but C.A.B. reassured me that its not.... i wrote weeks ago trying to tell people that this is a terrible mixed up unfair ruling that does nothing but confuse people..

[Hidden in reply to Davlad]

Well it certainly seems to have been done in such a way it will confuse people as much as possible.

If the rules are that complex you have to start to wonder if even the DWP will be capable of getting things right.

I'm due for an assessment in January and because I'm now married and my hubby is self employed I assume that means if I'm put into the WRAG group my money will stop straight away , because I'm on SDA and not IB so am not entitled to contribution based ESA . I haven't worked for 23 years ( since my disabled son was born ) so have not paid any N.I stamps for that period .

Looks like my only hope is to be placed in the Support group and I can't see that happening.

[Davlad in reply to Hidden]

thats right helen...its the only way by getting into the support group... and they've made that very hard to do... seems like they've hired top lawyers to cut us all off at every opening..it is very complex and they have purposely made it that way to trip people up... to say it stinks is an understatement.. i wish you and everybody all the luck in the world.. we are going to need it..you know i don't even think our own MP's know the ins and outs of this law so how the hell could they vote it in !!!!!

[Hidden in reply to Davlad]

My MP does now Davlad, I've made sure of it ! I write to him weekly to express my disgust at each new thing I learn about the reforms . He does answer me ( even though he's probably sick and tired of hearing from me, AND he's a Tory )

I will hold him accountable for everything this government does because as my MP he's supposed to support his constituents, that's why WE pay his wages .

[elmo1970]

Hi everyone need too state i was on incapacity for 5years then put in too wrag had one interview with some lady asking what i can do and what i can't? never heard from them again, then receave a letter this week staying my 365 days are up in oct so phoned the job center told this lady what was going on she said she will send me a form out for incapacity again??

[Hidden in reply to elmo1970]

I think you need to speak to CAB or a solicitor from a law centre . It's all really complicated .

As you don't have a partner ( and I assume no savings or any other income ) then you are probably entitled to the income related ESA , which may be less than you were getting previously , and possibly also income support.

It's worth going to CAB for a benefits check , take all your paper work with you .

Always challenge anything you don't understand .

xx

[Davlad]

well i can't weigh that one up Elmo...if thats the case go for it... you will have to go back into the WRAG group at some time and this time don't forget to put your appeal in straight away.. you have the 365 days from first going on WRAG... looks like Helen is right even the DWP can't work the hidious system out... i wish you well and good luck..