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Income Support to ESA PIP

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7 years 9 months ago #162946 by dufspine1
Income Support to ESA PIP was created by dufspine1
Hello, I am looking for some advice and I hope that one of you can help me, I recently received a letter saying that my benefit is changing to employment and support allowance, I think a bit of history would help first. I have been claiming income support and DLA for X years and now everything is changing to ESA and PIP. I have already got confirmation of a home visit for my PIP but with the arrival of this latest letter about my income support changing to ESA it has me worried as they are talking about attending work focused interviews. My claim for PIP is because I suffer from anxiety which makes me crumble, My DR has said that I am under extreme stress with high blood pressure which always gives me severe headaches all the time, they have tried me with anti-depressants but they didn’t agree with me, they made me physically ill. I know that I will not be able to go through with any kind of interview without falling apart, Even the thought of it made me break down with tears uncontrollably for half an hour before my husband comforted me. On the letter it says that work focused interviews may be deferred if there are good reasons as to why it is not appropriate or of no assistance at this time, Well I feel that if I was forced to go to one it would serve no purpose to anyone as I would not be able to participate on any reasonable level, so my question is can anyone give me some help on how to proceed. as I'm claiming PIP pending on the results, is it likely I can go back to claiming income support? Does it all tie in? I also have 2 boys that are ASD one of which is claiming Disability Allowance, which I was under the impression I could still claim Income support as he is in need of my care 24/7 so any help with this so I know where I stand now and which way to go would be great. 

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7 years 9 months ago #163007 by Gordon
Replied by Gordon on topic Income Support to ESA PIP
A

Welcome to the forum.

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First of all, it's not clear whether you been transferred to ESA yet or have just received notification that you will be? If the former, then comments about your attending WFIs, etc. will depend on what group you are in, if you are placed in the Support Group then you will not have to participate in any if these activities.

If you are already in the WRAG then I'm afraid that these activities can be mandatory and your benefits can be sanctioned if are unable to participate.

If one of your sons is receiving a DLA Medium or Higher rate Care award, then you can claim Carers Allowance (you can do this with ESA as well) and switch your Income Support claim from IS due to incapacity to IS as a carer.

If you can explain where you are in the process we can provide more information, please reply to this post and we will do our best to help.

Gordon

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

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7 years 9 months ago #163103 by dufspine1
Replied by dufspine1 on topic Income Support to ESA PIP
Thanks for the response and sorry for any lacking details.
The letter i received states that my claim will start on the 26th july 2016 and i have been placed in the work related activity group, My eldest son has recently been awarded medium rate disability allowance and is under 16.
If i claim carers allowance based on that will that mean that i will not be forced to attend any of the activites? Also is the switch to ESA something that happens to everyone who is currently receiving IS or is it possible that it is because my original claim for DLA is currently being moved over to PIP?

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7 years 9 months ago #163126 by Gordon
Replied by Gordon on topic Income Support to ESA PIP

dufspine1 wrote: Thanks for the response and sorry for any lacking details.
The letter i received states that my claim will start on the 26th july 2016 and i have been placed in the work related activity group, My eldest son has recently been awarded medium rate disability allowance and is under 16.
If i claim carers allowance based on that will that mean that i will not be forced to attend any of the activites? Also is the switch to ESA something that happens to everyone who is currently receiving IS or is it possible that it is because my original claim for DLA is currently being moved over to PIP?


To try and answer your questions.

One quick question, you say your son is under 16, how much under 16? The reason I ask is because he will be invited to claim PIP when he reaches 16 and any claim for Carers Allowance and Income Support will be dependant on his retaining a care award. PIP has been designed to be a significantly tougher benefit to have awarded. If he is close to 16 it may be worth waiting until you see what happens with his award, as I said earlier you can claim CA while on ESA so this may offer a short term solution

The exemptions for participating in Work Related Activity are tied to a CA claim, however, any activities that you are asked to do must take into account any stated limitations that you have and it should be possible to add your caring responsibilities to this.

You must have been receiving Income Support due to incapacity, it is only claimants receiving this variant of IS that are being transferred to ESA (it has nothing to do with your DLA claim being moved to PIP), however, Universal Credit is replacing IS and has in some part of the country, you should check what you will be able to apply for.

Gordon

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

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