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ESA (C) to ESA (IR) money reduced ?
- Triskele
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10 years 4 months ago - 10 years 4 months ago #114615 by Triskele
ESA (C) to ESA (IR) money reduced ? was created by Triskele
Hi there,
Thankyou for your earlier advice I’ve finally been accepted onto ESA (IR) from ESA (C).
However, I have a follow on question, my circumstances are as follows:
I am currently in the ESA (WRAG) group and have had a continuous claim from 2007 when I was on IB. Recently my year on ESA (C) had run out and after a bit of a battle I have been moved to ESA (IR).
I have been informed that the amount of money that I receive per week will drop from around £110 per week down to around £100 per week as the transitional protection period that I received ran out with the end of my ESA (C). They said that the transitional protection would only have continued to apply if I was in the ESA (Support Group).
Does anyone know if this is correct? (as I was under the assumption that my transitional protection would continue to apply as long as it was a continuous claim).
Yours sincerely,
Triskele.
Thankyou for your earlier advice I’ve finally been accepted onto ESA (IR) from ESA (C).
However, I have a follow on question, my circumstances are as follows:
I am currently in the ESA (WRAG) group and have had a continuous claim from 2007 when I was on IB. Recently my year on ESA (C) had run out and after a bit of a battle I have been moved to ESA (IR).
I have been informed that the amount of money that I receive per week will drop from around £110 per week down to around £100 per week as the transitional protection period that I received ran out with the end of my ESA (C). They said that the transitional protection would only have continued to apply if I was in the ESA (Support Group).
Does anyone know if this is correct? (as I was under the assumption that my transitional protection would continue to apply as long as it was a continuous claim).
Yours sincerely,
Triskele.
Last edit: 10 years 4 months ago by . Reason: Tick.
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- Gordon
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10 years 4 months ago #114616 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA (C) to ESA (IR) money reduced ?
Triskele
I am afraid that this is the policy of the DWP, the move from ESA(CB) to ESA(IR) is treated as a normal Change of Circumstances and as a result, the ESA(IR) is calculated from scratch with no reference to either the proceeding ESA(CB) payments or the IB payments before that.
As far as I can tell, the legal side of it is that the change is done under the ESA Regulations 2008 which do not contain any Transitional Protection clauses, as opposed to the ESA Transitional Regulations 2010 which do.
Gordon
I am afraid that this is the policy of the DWP, the move from ESA(CB) to ESA(IR) is treated as a normal Change of Circumstances and as a result, the ESA(IR) is calculated from scratch with no reference to either the proceeding ESA(CB) payments or the IB payments before that.
As far as I can tell, the legal side of it is that the change is done under the ESA Regulations 2008 which do not contain any Transitional Protection clauses, as opposed to the ESA Transitional Regulations 2010 which do.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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