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TOPIC: Migration from Incap ben to ESA

Migration from Incap ben to ESA 4 years 5 months ago #18373

Hi,
As we all know the long awaited migration from Incap to ESA may begin in the autumn. With this in mind I called the DWP today as I have relaised that unlike Incap which is not means tested, Esa can fall into either Income based which is means tested, or Contributions based which isn't. When pressed on this Incap told me that "No-one will be transferred from incap to ESA" No-one. I was told that because some people could lose entitlement to benefits the law wouldn't allow transfer to ESA from Incap, so that for eg, people who have some capital which wouldnt bar them from Incap could end up without any sickness benefits on ESA..
I know this to be wrong, so I called ESA, with a general query and asked the same question. The person there told me that eventually all incap claimants will be transfered to ESA. I was told it would likely be the Income related ( means tested) ESA.
When pressed, the operative liased with Incap and would only say "we are aware of no plans currently to transfer anyone but you will all get letters when we have news".
Can anyone shed light on this, as to whether Incap claimants will end up on means tested ESA? All this seems futile having read todays newsletetr regarding the proposed changes to the medical descriptors but I would appreciate any clarification.
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Re:Migration from Incap ben to ESA 4 years 5 months ago #18376

Hi Micksville,

There are two sorts of ESA:

income related ESA which is the equivalent of income support for people who are incapable of work and
contribution based ESA which is the equivalent of IB

A current IB claimant would be transferred to CB ESA and an IS claimant to IR ESA and some would be eligible for both.

It isn't the means testing or contribution conditions that are the big issue, it is, as you've surmised, the medical.
Goood luck,

Steve
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:Migration from Incap ben to ESA 4 years 5 months ago #18377

Steve I claim ESA but I get the severe disability premium ( paid by Income support) to top it up. How would that leave me. The resason I ask is that I may be getting quite a large CICA payment in some months time that would take me over some of the thresholds, I am worried I may then be transferred to ESA and lose all entitlement if I am on Income based. thats what I am getting at. BTW I just spent an hour on phone talking to my propsective Labour candidate re: yvette Coopers proposals. He didnt know of them and was shocked. he has promised to take a look at whatI have told him.
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Re:Migration from Incap ben to ESA 4 years 5 months ago #18387

Hi Micksville,

I don't think you could be getting ESA and IS. The severe disability premium is payable via income related ESA to ESA claimants who are eligible.

Steve
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:Migration from Incap ben to ESA 4 years 5 months ago #18389

Thats what Im trying to get at Steve. If I get a CICA payout that, say, takes me over the 16,000 threshold, could I end up being ineligible for any ESA whatever? Either Income based or Contributions basesd. I accept it would affect Income support payments. But whereas now, Incap wouldn't be affected I am concerned that I could lose entitlement to everything including HB etc... It's a hypothetical at the moment and perhaps the payment will fall between the 6,000 and 16,000 tapers. Just very confusing.
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Re:Migration from Incap ben to ESA 4 years 5 months ago #18394

Thanks Steve: however that still isnt quite clear to me. Would I qualify for Contributions based ESA as I am on Incap or Income based as I am also getting SDP from I/S? I ask as I'm concerned that if I am above the capital thresholds I may lose entitlement to any sickness benefits altogether. Whereas now, on Incap that isnt affected as it isn't means tested.I would lose the SDP for a time but keep the Incap.
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