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Incapacity Benefit (Youth) to ESA
- Ma99ieM
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9 years 7 months ago - 9 years 7 months ago #125261 by Ma99ieM
Incapacity Benefit (Youth) to ESA was created by Ma99ieM
Does anyone know of any case where someone has been migrated from Incapacity Benefit (Youth) to ESA?
Last edit: 9 years 7 months ago by Gordon.
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9 years 7 months ago #125265 by Gordon
I'm not aware of any distinctions made in the Transfer legislation between Incapacity Benefit (Youth) and Incapacity Benefit, is there a particular concern you have?
Gordon
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Replied by Gordon on topic Incapacity Benefit (Youth) to ESA
Ma99ieM wrote: Does anyone know of any case where someone has been migrated from Incapacity Benefit (Youth) to ESA?
I'm not aware of any distinctions made in the Transfer legislation between Incapacity Benefit (Youth) and Incapacity Benefit, is there a particular concern you have?
Gordon
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9 years 7 months ago - 9 years 7 months ago #125277 by Ma99ieM
Replied by Ma99ieM on topic Incapacity Benefit (Youth) to ESA
My son is in receipt of IB(Y) and following various exchanges with the DWP we received a letter this morning which states amongst other things
"I can confirm that IB(Y) claims like your son's are not being assessed for ESA at present as there is no legislation to support the change in law."
This seems extraordinary to me, and I wondered whether anyone had already been migrated from IB(Y).
(I am a bit reluctant to put full details of my son's case on a public forum but if the site owner thinks the reference to "no legislation" is significant I will correspond privately.)
"I can confirm that IB(Y) claims like your son's are not being assessed for ESA at present as there is no legislation to support the change in law."
This seems extraordinary to me, and I wondered whether anyone had already been migrated from IB(Y).
(I am a bit reluctant to put full details of my son's case on a public forum but if the site owner thinks the reference to "no legislation" is significant I will correspond privately.)
Last edit: 9 years 7 months ago by Gordon.
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9 years 7 months ago #125281 by Gordon
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Replied by Gordon on topic Incapacity Benefit (Youth) to ESA
Ma99ieM
I am in the process of replying to your post, please bear with me as I am looking at the relevant legislation.
Gordon
I am in the process of replying to your post, please bear with me as I am looking at the relevant legislation.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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9 years 7 months ago - 9 years 7 months ago #125288 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Incapacity Benefit (Youth) to ESA
Ma99ieM
I'm afraid that having searched through three layers of legislation I have not been able to find any definitive answer to your post.
The ESA Transfer legislation refers to Incapacity Benefit in a generic way although there is a reference to definitions in an earlier piece of legislation from 2007, unfortunately this in turn refers to legislation from 1995, however, none of these make a specific reference to IB (in Youth).
This could be for two reasons; IB in Youth is separately defined and is not included within the broader definition of IB or it is implicitly included within the broader definition. I am afraid that as new claims for IB were stopped in 2008 and re-assessments ceased for the majority of claimants well before April 2013, I do not have a working knowledge of IB sufficient to answer this question.
Trawling through the B&W forum I have found one example of a claimant in receipt of IB (in Youth) who was transferred to ESA, there may be others but the available search arguments are two general to create a usable results list.
I also have a question as to whether someone would still be receiving IB (in Youth) and not full IB some six years after the benefit was effectively abolished.
Finally, it is clearly the intention of the ESA Transitional Regulations is to result in all IB claims, of whatever form, to be transferred to ESA. Further, whilst there was am ESA (in Youth) which is no longer available, the Regulations make no mention of this, so this cannot be a case of transferring like to like.
My view, for what it is worth, is that there is no obvious reason why someone on IB (in Youth) should not be transferred to ESA, I would suggest that you contact the DWP and ask for details of the regulations which they believe are preventing the transfer.
Gordon
I'm afraid that having searched through three layers of legislation I have not been able to find any definitive answer to your post.
The ESA Transfer legislation refers to Incapacity Benefit in a generic way although there is a reference to definitions in an earlier piece of legislation from 2007, unfortunately this in turn refers to legislation from 1995, however, none of these make a specific reference to IB (in Youth).
This could be for two reasons; IB in Youth is separately defined and is not included within the broader definition of IB or it is implicitly included within the broader definition. I am afraid that as new claims for IB were stopped in 2008 and re-assessments ceased for the majority of claimants well before April 2013, I do not have a working knowledge of IB sufficient to answer this question.
Trawling through the B&W forum I have found one example of a claimant in receipt of IB (in Youth) who was transferred to ESA, there may be others but the available search arguments are two general to create a usable results list.
I also have a question as to whether someone would still be receiving IB (in Youth) and not full IB some six years after the benefit was effectively abolished.
Finally, it is clearly the intention of the ESA Transitional Regulations is to result in all IB claims, of whatever form, to be transferred to ESA. Further, whilst there was am ESA (in Youth) which is no longer available, the Regulations make no mention of this, so this cannot be a case of transferring like to like.
My view, for what it is worth, is that there is no obvious reason why someone on IB (in Youth) should not be transferred to ESA, I would suggest that you contact the DWP and ask for details of the regulations which they believe are preventing the transfer.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 9 years 7 months ago by Gordon.
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9 years 7 months ago #125290 by Ma99ieM
This question is partly what prompted the correspondence with the DWP in the first place! My son turned 25 earlier in the year and we were worried that his benefit would just stop, so I wrote to ask. He was sent the application form for ESA in November 2012, we spent ages filling it in and were told he would be put in the Support group, only to be told subsequently that the migration had been a mistake and that he was being put back on IB(Y).
Replied by Ma99ieM on topic Incapacity Benefit (Youth) to ESA
Gordon wrote: I also have a question as to whether someone would still be receiving IB (in Youth) and not full IB some six years after the benefit was effectively abolished.
This question is partly what prompted the correspondence with the DWP in the first place! My son turned 25 earlier in the year and we were worried that his benefit would just stop, so I wrote to ask. He was sent the application form for ESA in November 2012, we spent ages filling it in and were told he would be put in the Support group, only to be told subsequently that the migration had been a mistake and that he was being put back on IB(Y).
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