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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Mandatory recons for WRAG to Support Grp

DAIIJojo
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Caseworker, Disibility Action in Islington

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Total Posts: 24

Joined: 15 March 2012

Hi there

I have a client who was placed in WRAG on 20/11/13 and is considering whether or not to appeal.  If he decides to proceed, will it be a mandatory recon now or a normal revision?  If its an MR, will he have to claim JSA?  I don’t want him to lose his current entitlement.

Many thanks

NeverSayNo
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Welfare rights department - Northumberland County Council

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Total Posts: 195

Joined: 21 December 2011

For initial decisions made on or after 28/10/2013 a challenge has to be by way of mandatory reconsideration (which is DWP speak for a revision) before appeal. In cases such as yours where the claimant is placed in the WRAG but wants to challenge to get in to the SG, their WRAG ESA will be paid for the duration of the challenge to appeal hearing (bearing in mind contribution-based WRAG ESA is limited to 365 days in total).

Claimants need to be aware though that tribunals may find claimants do not even satisfy WRAG conditions, nevermind gettting in to the SG.

See http://www.rightsnet.org.uk/forums/viewthread/5632/ for a discussion on that point