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IR ESA- CB ESA after a legacy
- MariW
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4 months 1 week ago #286389 by MariW
Replied by MariW on topic IR ESA- CB ESA after a legacy
Dear Mods,
This query follows on from those of May.
I reported that towards the end of May that I’d received a reply from the DWP and found, to my surprise, that I am entitled to contribution-based ESA as explained here:
www.benefitsandwork.co.uk/employment-and...upport-allowance-esa
About a month ago, I received a duplicate of the above letter. Only the dates were different. It reiterated what was said in the letter of May. However, it set me thinking. Am I really entitled to contribution-based ESA?
I’ve been very disabled from an early age. I’m in the Support Group and get PIP at the highest rates for both components.) Since a small number of voluntary NI contributions in the 1990s all NI credits have come via the old Severe Disablement Allowance and IR-ESA.
Obviously, I don’t want to get into a mess with the DWP.
On a related matter, will contribution-based ESA claimants be compelled to claim UC? As stated, in previous posts, I am not entitled to means-tested benefits or services.
Thank you,
Mari W
This query follows on from those of May.
I reported that towards the end of May that I’d received a reply from the DWP and found, to my surprise, that I am entitled to contribution-based ESA as explained here:
www.benefitsandwork.co.uk/employment-and...upport-allowance-esa
About a month ago, I received a duplicate of the above letter. Only the dates were different. It reiterated what was said in the letter of May. However, it set me thinking. Am I really entitled to contribution-based ESA?
I’ve been very disabled from an early age. I’m in the Support Group and get PIP at the highest rates for both components.) Since a small number of voluntary NI contributions in the 1990s all NI credits have come via the old Severe Disablement Allowance and IR-ESA.
Obviously, I don’t want to get into a mess with the DWP.
On a related matter, will contribution-based ESA claimants be compelled to claim UC? As stated, in previous posts, I am not entitled to means-tested benefits or services.
Thank you,
Mari W
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- Gordon
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4 months 1 week ago - 4 months 1 week ago #286412 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic IR ESA- CB ESA after a legacy
M
The Severe Disability Allowance was a Contribution Based benefit pre-dating Incapacity Benefit and ESA, you would have been migrated to ESA(CB) but you should also have been assessed for ESA(IR) at the time of transfer. If this was paid then your ESA Entitlement letter may just show the ESA(IR).
If you are receiving ESA(IR) then at some time, later rather than sooner, you will be invited to claim UC, the ESA(CB) component will remain in payment but will be converted to New Style ESA.
If you are not receiving ESA(IR) then the situation is less clear, you will not be asked to claim UC but we think your ESA(CB) will be moved to New Style ESA, however, when and even if this will happen we do know.
Gordon
The Severe Disability Allowance was a Contribution Based benefit pre-dating Incapacity Benefit and ESA, you would have been migrated to ESA(CB) but you should also have been assessed for ESA(IR) at the time of transfer. If this was paid then your ESA Entitlement letter may just show the ESA(IR).
If you are receiving ESA(IR) then at some time, later rather than sooner, you will be invited to claim UC, the ESA(CB) component will remain in payment but will be converted to New Style ESA.
If you are not receiving ESA(IR) then the situation is less clear, you will not be asked to claim UC but we think your ESA(CB) will be moved to New Style ESA, however, when and even if this will happen we do know.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 4 months 1 week ago by Gordon.
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- MariW
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4 months 1 week ago #286416 by MariW
Replied by MariW on topic IR ESA- CB ESA after a legacy
Hi Gordon,
I have not received income-related ESA for several months. I receive ESA CB at £129 per week. I am not entitled to UC. I assume, therefore, I shall not receive a migration notice. (I'll make a note of your point regarding New Style ESA.) However, are you certain I have a right to the £129 I'm receiving? Is it based on the NI Credits I've received for many years?
Sorry to be a dunce.
Thanks, Mari
I have not received income-related ESA for several months. I receive ESA CB at £129 per week. I am not entitled to UC. I assume, therefore, I shall not receive a migration notice. (I'll make a note of your point regarding New Style ESA.) However, are you certain I have a right to the £129 I'm receiving? Is it based on the NI Credits I've received for many years?
Sorry to be a dunce.
Thanks, Mari
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- Gary
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4 months 1 week ago #286418 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic IR ESA- CB ESA after a legacy
Hi MariW
You are not a dunce. At the moment the majority of migration notices are issued to single Tax Credit claimants.
I assume that you are in the support group, CB ESA is an indefinite benefit until you are next re-assessed and found either fit for work or your health has improved and you are placed in WRAG.
We cannot be certain without all the facts, unfortunately we do not give advice only information as we do not have all the facts. We would advise you to contact your local Welfare Rights Organisation; advicelocal.uk
Gary
You are not a dunce. At the moment the majority of migration notices are issued to single Tax Credit claimants.
I assume that you are in the support group, CB ESA is an indefinite benefit until you are next re-assessed and found either fit for work or your health has improved and you are placed in WRAG.
We cannot be certain without all the facts, unfortunately we do not give advice only information as we do not have all the facts. We would advise you to contact your local Welfare Rights Organisation; advicelocal.uk
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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4 months 1 week ago #286421 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic IR ESA- CB ESA after a legacy
M
As long as you have maintained a constant claim of SDA/ESA since you made the original claim of SDA then yes, you are entitled to receive ESA(CB).
Gordon
As long as you have maintained a constant claim of SDA/ESA since you made the original claim of SDA then yes, you are entitled to receive ESA(CB).
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: MariW
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- MariW
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2 weeks 2 days ago #290075 by MariW
Replied by MariW on topic IR ESA- CB ESA after a legacy
Thank you, Gordon.
I have yet to receive a letter to do with the annual uprate to CB ESA (Support Group). I currently receive £129.50 per week. Things are running late as I know from the late receipt of my PIP uprate letter. Meanwhile, I have two questions playing on my mind:
Are the DWP supposed to write to claimants as the 365 days limit ends? Is a WCA at this stage required/ the norm?
I am not entitled to any income-related benefits.
Thanks,
Mari W
I have yet to receive a letter to do with the annual uprate to CB ESA (Support Group). I currently receive £129.50 per week. Things are running late as I know from the late receipt of my PIP uprate letter. Meanwhile, I have two questions playing on my mind:
Are the DWP supposed to write to claimants as the 365 days limit ends? Is a WCA at this stage required/ the norm?
I am not entitled to any income-related benefits.
Thanks,
Mari W
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