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IB to ESA

  • Alan Sargeant
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10 years 1 month ago - 10 years 1 month ago #119147 by Alan Sargeant
IB to ESA was created by Alan Sargeant
I would like to thank Benefit & Work for your advice. I was moved from Incapacity Benefit to Contribution-based Employment and Support Allowance from 29th December 2012 with no troble at all, well so I thought! However, I have now been told by Department for Work and Pensions that I could only claim this for 365 days; are we supposed to make a miraculous recovery during this time scale? Consequently, I have not received any payment since 28th December 2013. The reason I was told is that I claim £113.12 Industrial Disablement Benefit and ESA.
Last edit: 10 years 1 month ago by Gordon.

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10 years 1 month ago - 10 years 1 month ago #119154 by Gordon
Replied by Gordon on topic IB to ESA
A

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It sounds as if you were placed in the WRAG, the payment of ESA(CB) for claimants not in the Support Group is limited to 365 days after which they will only continue to receive ESA if they are eligible for Income Related ESA, unfortunately, your IIDB is treated as income for the purposes of ESA(IR) and as the amount of IIDB you are receiving exceeds the amount you might receive for ESA(IR), you are not eligible.

It would be worth checking your eligibility for ESA(IR) at the beginning of April after the benefit rates are increased, I'm unclear whether your IIDB rate will increase but the couples rate for ESA(IR) will increase to £113.70, allowing payment, it would only be a few pennies but would allow you to access free prescriptions and dental care and possibly Housing Benefit.

I am afraid as the Decision to place you in the WRAG was made more than 13 months ago your options are limited. Providing you have not closed your claim, you remain entitled to NI Credits which count towards a full State Pension.

If you can show that you now meet the criteria for the Support Group, due to a documented deterioration in your condition, then you can ask to be re-assessed and if placed in the SG then your ESA(CB) will be re-instated, you would need to complete a new ESA50 and will likely have to attend a face to face assessment.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 1 month ago by Gordon.

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10 years 1 month ago #119159 by slugsta
Replied by slugsta on topic IB to ESA

Gordon wrote: A

If you can show that you not meet the criteria for the Support Group, due to a documented deterioration in your condition, then you can ask to be re-assessed and if placed in the SG then your ESA(CB) will be re-instated, you would need to complete a new ESA50 and will likely have to attend a face to face assessment.

Gordon


I think the first sentance, above, should read "If you can show that you NOW meet the criteria ..." :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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