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

Moved from WRAG to Supp Group

RAISE Advice
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RAISE Benefits Advice Team, Liverpool

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I have a client that has been moved onto WRAG. Her contribution based ran out in feb 13. There was no entitlement to Income Based as her Husband is working. Her condition has worsened. If she now asks to be moved onto the Support Group will she be entitled to contribution based ESA.
cpag page 895 seems to say yes.

Sharon

Edmund Shepherd
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Tenancy Income, Royal Borough of Greenwich, London

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Yes she can. Provided she claimed cESA and the claim has not been broken, she retains entitlement to - but not payment of - ESA with the WRAG, so she should have a “credits only” claim. If she reports a deterioration and is assessed as LCWRA, ESA should start to be paid again with the support component.

MNM
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Solicitor, French & Co Solicitors, Nottingham

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Similar question ...

A client of mine was in receipt IB for many years and then on of ESA(cb) and placed in WRAC.

Her 365 days has just expired and she does not qualify for ESA (IR) - due to partners income.

1. If she makes a new claim for ESA citing deterioration will she be able to rely upon her NI Credits paid previously?? The DMG isn’t precisely clearly but suggests that provided she qualifies for LCWRAC (support group) then she will receive payment whilst in support group. Is that right?

2. Alternatively, will she be able to use the supercession route claiming deterioration from December 2013, despite the claim ending?

There probably is a thread on this, if so any direction would be appreciated.

Stevegale
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Torbay Disability Information Service, Torbay NHS Care Trust

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DMG Memo 13/12 covers these issues - partcularly 27 onwards.

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Stevegale
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Torbay Disability Information Service, Torbay NHS Care Trust

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MNM
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Solicitor, French & Co Solicitors, Nottingham

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Thanks Steve

Much appreciated.