Hi all

Just a quickie, I've discovered from the Disability Alliance website that there's an online Decision Makers Guide. I haven't had a chance to look at it properly but I see there are 2 "volumes" dedicated to Employment and Support Allowance. If you have a pop-up blocker but disable it for this Guide a pop up window will appear telling you how to find your way around the Guide. To access the Guide please click here.

Enjoy! lol

Mr B

Hi Mr B,

Haven't seen you around for a while, are you OK? Nice hit

I recommend that current IB claimants read Chapter 45 of Volume 9 which explains about transitional protection for existing claimants.

Short extract :

Transitional issues

When transitional issues apply

45201 Transitional issues apply where :

[i]1. a claim for
1.1 IB or
1.2 IS on the grounds of disability
is made in respect of a period which begins on or after the appointed day(1) or

2. a claim for ESA is made by a person who

2.1 has an existing award or
2.2 had an existing award and DMG 45213 applies(2) or
2. a claim for ESA is made by a person who
2.1 has an existing award or
2.2 had an existing award and DMG 45213 applies(2) or

3. a claim for ESA is made for a period before the appointed day(3)

Note: There is also transitional protection on being capable of work for JSA
purposes[(4)[/i]

1 ESA (Trans Provs) Regs, reg 2; reg 3; reg 4; reg 5

Best wishes.

Jim

PS.Must be a glitch somewhere. If I try to remove the bracket after (4), it duplicates the note ??

Hi Jim

Many thanks for making recommendations concerning the Guide and for enquiring about me. Like most of us I'm struggling with my own health problems and this limits my ability to post on the Forum, primarily but not exclusively due to depleted energy levels. If I can I still approve posts though when I come across them as this is much less draining. Things are slowly improving now (I think!) and there is no cause for alarm. As you know I also get involved in "behind the scenes" camapaigning against the "reforms" and I also post "elsewhere" lol but without the responsibilty of being a moderator. I still strive for factually accurate posts though even when not posting as a mod. I'm also trying to consolodate my knowledge of ESA prior to ESA Go Live, I predict however that ESA will be the usual shambles, and a painful one for many, and that some of its worst aspects will eventually have to be changed or scrapped altogether.

Very best wishes to Pat, yourself and everyone on B & W

Mr B

Mr B wrote:

QUOTE:
Hi Jim

Many thanks for making recommendations concerning the Guide and for enquiring about me. Like most of us I'm struggling with my own health problems and this limits my ability to post on the Forum, primarily but not exclusively due to depleted energy levels. If I can I still approve posts though when I come across them as this is much less draining. Things are slowly improving now (I think!) and there is no cause for alarm. As you know I also get involved in "behind the scenes" camapaigning against the "reforms" and I also post "elsewhere" lol but without the responsibilty of being a moderator. I still strive for factually accurate posts though even when not posting as a mod. I'm also trying to consolodate my knowledge of ESA prior to ESA Go Live, I predict however that ESA will be the usual shambles, and a painful one for many, and that some of its worst aspects will eventually have to be changed or scrapped altogether.

Very best wishes to Pat, yourself and everyone on B & W

Mr B :)

I totally agree that the introduction of ESA would appear to be a bureaucratic nightmare, judging by what I read in the appropriate DMGs.

I would forecast a massive rise in the number of appeals particularly to the Social Security Commissioners, a sharp rise in the number of people who fail the WCA and therefore add to the number of unemployed, by claimants who are then forced to claim JSA, together with the usual shambolic mess that will ensue as a result of official error, lack of manpower, and lack of staff training to administer the benefit. In fact, I think that it will be more problematic than both the Child Support and the Tax Credit administration combined.

One thing that struck me from the final two paragraphs of volume 8, chapter 45 of the ESA DMG is this quote:-

Migration

Although ESA replaces

1. IB and
2. IS on the grounds of disability

for new claimants on 27.10.08, people entitled to those benefits when ESA is introduced, or who have entitlement to them under linking rules, will continue to receive them until they migrate to ESA at a later date. However, migration will not take place before the year 2012.

1 WR Act 07, Part 1; WR Act 07 (Commencement No. 6 and Consequential Provisions) Order 2008, art 2(4)

Full guidance on migration will be given
1. nearer the time it commences and
2. in advance of it commencing.

According to the government, migration will take place between 2009 and 2013, so unless there has been an amendment to the DMG, when will migration actually start or is this yet another cock-up by New Labour?

Mr B wrote:

QUOTE:
Hi Jim

Many thanks for making recommendations concerning the Guide and for enquiring about me. Like most of us I'm struggling with my own health problems and this limits my ability to post on the Forum, primarily but not exclusively due to depleted energy levels. If I can I still approve posts though when I come across them as this is much less draining. Things are slowly improving now (I think!) and there is no cause for alarm. As you know I also get involved in "behind the scenes" camapaigning against the "reforms" and I also post "elsewhere" lol but without the responsibilty of being a moderator. I still strive for factually accurate posts though even when not posting as a mod. I'm also trying to consolodate my knowledge of ESA prior to ESA Go Live, I predict however that ESA will be the usual shambles, and a painful one for many, and that some of its worst aspects will eventually have to be changed or scrapped altogether.

Very best wishes to Pat, yourself and everyone on B & W

Mr B :)

Hi Mr B,

Sorry to hear of your own health problems, and the depleted energy. My MS is causin
severe fatigue and vertigo at the moment, so I'm limited to the amount of time I'm able to spend online.

I'm just about to e-mail you with some information on ESA, so must go.

Best wishes.

Jim

Crazydiamond, I was going to ask the same as you about the migration date being different.

Hope someone will be able to find an answer.