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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Who is not entitled to the WRA component?

 

Josephina
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Hello
As far as I have read in the briefing paper for the House of Commons, a publication in http://www.gov.uk, and my handbooks, the abolition of the WRA component should only affect ‘new claims’ from April 2017.

One of my clients was denied a backdate of ESA after winning a Tribunal. He claimed before or around the beginning of March 2017. They told him that the new rule will affect him because his assessment phase ended after April 2017.

Is this true, and where is it written? I may be wrong, but it seems to me that the briefing paper explicitly says that claimants whose assessment phase started before April 2017 should be protected. 

Please help with info and links to the legislation or official papers.

     
John Birks
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As the WRAC was abolished (removed) I think the vague date provided won’t help.

My understanding is that the date of claim would need to be before 2.01.17.

A casual search has produced the info below - I’m happy to be corrected.

The change to the Work-Related Activity Component impacts new claimants of ESA or Universal Credit who are placed in the WRAG (or UC equivalent) from 3 April 2017.

http://researchbriefings.files.parliament.uk/documents/CBP-7649/CBP-7649.pdf


The changes as introduced to the House of Commons on 9th July 2015 would mean that existing claimants, whether in the work-related activity group or the support group, who undergo a work capability assessment after April 2017 and are placed in, or remain in, the work-related activity group, will continue to receive the work-related activity component.

https://www.parliament.uk/business/publications/written-questions-answers-statements/written-question/Lords/2016-02-11/HL6214

 

     
Daphne
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So long as the claim was made before 3 April 2017 then the component should be paid even if the assessment finished after that date. See rightsnet story - https://www.rightsnet.org.uk/welfare-rights/news/item/Removal-of-the-ESA-work-related-activity-component-and-universal-credit-lim - which also links to the amending statutory instrument

     
John Birks
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Daphne - 22 November 2018 09:06 AM

So long as the claim was made before 3 April 2017 then the component should be paid even if the assessment finished after that date. See rightsnet story - https://www.rightsnet.org.uk/welfare-rights/news/item/Removal-of-the-ESA-work-related-activity-component-and-universal-credit-lim - which also links to the amending statutory instrument

 

The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017

SCHEDULE 2 PART 1

Claimants who have made a claim for employment and support allowance before 3rd April 2017

**** 2.  The first circumstance is where the claimant has made or is treated as having made a claim for an employment and support allowance before 3rd April 2017 and that claim results in an award of employment and support allowance.

From the EXPLANATORY NOTE (This note is not part of the Regulations)

Paragraphs 1 to 7 of Schedule 2 make savings and transitional provisions so that the amendments to the Employment and Support Allowance Regulations 2008 in regulation 2, the amendments to the Employment and Support Allowance Regulations 2013 in regulation 3, the amendments to other secondary legislation in paragraphs 1 to 9 of Schedule 1 and the amendments to section 15 (1) to (3) of the 2016 Act (which removes the work-related activity component from an award of employment and support allowance), do not apply in the following circumstances.

The circumstances are –

********************************************************************************

(a)where the claim for employment and support allowance was made before 3rd April 2017 and that claim results in an award;

*********************************************************************************

 

     
Daphne
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Exactly - so as long as the claim started (or is treated as starting) before 3 April 2017 the component can be paid :)

     
John Birks
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Just be be clear - you get all the credit on this one Daphne.

     
Josephina
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Thank you!!
Josephina

     
Josephina
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Hello many thanks to all. After a polite but firm letter from us, our client has been paid!