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IB to ESA transitional protection
- ett
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6 years 8 months ago #219105 by ett
IB to ESA transitional protection was created by ett
Hi
Can you tell me when I was transferred to ESA from IB with transitional protection I was placed in the support group after receiving 365 days on CB ESA would the transitional protection have ended at that point
Thank you
Can you tell me when I was transferred to ESA from IB with transitional protection I was placed in the support group after receiving 365 days on CB ESA would the transitional protection have ended at that point
Thank you
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6 years 8 months ago #219116 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic IB to ESA transitional protection
ett
If you are in the Support Group then the 365 days limit does not apply.
Any Transitional Payment will be made until it is eroded by the increases in your ESA payments or April 2020, whichever is the sooner.
Gordon
If you are in the Support Group then the 365 days limit does not apply.
Any Transitional Payment will be made until it is eroded by the increases in your ESA payments or April 2020, whichever is the sooner.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 8 months ago #219118 by ett
Replied by ett on topic IB to ESA transitional protection
Gordon,
Thank you for your reply but I am sorry I asked the wrong question I meant to say I was put in the WRAG group not the support group
Thank you for your reply but I am sorry I asked the wrong question I meant to say I was put in the WRAG group not the support group
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6 years 8 months ago #219126 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic IB to ESA transitional protection
ett
Here's the problem, When the IB to ESA Regulations were written there was no limit on claiming ESA(CB), in fact, the idea was not even being discussed.
When the legislation that limited ESA(CB) was written it took no account of the Transitional Regulations.
So the issue is not directly covered in the legislation covering the two issues.
First of all for the Payment is only relevant if you are placed in the Support Group AND there have been no breaks in your claim.
The 365-day rule does not remove eligibility for ESA(CB), it merely removes entitlement to payment so my reading of the legislation is that if you become again entitled to ESA(CB) payments then the Transitional Payment should still be payable assuming that it has not been eroded.
Gordon
Here's the problem, When the IB to ESA Regulations were written there was no limit on claiming ESA(CB), in fact, the idea was not even being discussed.
When the legislation that limited ESA(CB) was written it took no account of the Transitional Regulations.
So the issue is not directly covered in the legislation covering the two issues.
First of all for the Payment is only relevant if you are placed in the Support Group AND there have been no breaks in your claim.
The 365-day rule does not remove eligibility for ESA(CB), it merely removes entitlement to payment so my reading of the legislation is that if you become again entitled to ESA(CB) payments then the Transitional Payment should still be payable assuming that it has not been eroded.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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