IB TO ESA

Hi

I have a query regarding the amount of hours a partner is allowed to work.
My wife has been on IB from 1988 & has just been notified that she will soon be going through the ESA assessment test.
I currently work 36 hours per week & wonder if she will be eligible to ESA on the 24 hrs rule?

Bax wrote: Hi

I have a query regarding the amount of hours a partner is allowed to work.
My wife has been on IB from 1988 & has just been notified that she will soon be going through the ESA assessment test.
I currently work 36 hours per week & wonder if she will be eligible to ESA on the 24 hrs rule?

Hi B,

Welcome to Benefits and Work

If your wife was in receipt of IB only, with no Income Support top-up, then if successfully transferred to ESA, she will be in receipt of CB ESA only.

Therefore, any income or hours that you work will not affect her CB ESA.

See :

What will I be transferred to?

What will I be paid?

&

The Transfer Process

From our : IB, IS, SDA, Migration to ESA FAQ’s

The 24 hour working rule is only applicable if your wife was applying for, or being payed IR ESA :

24 hour work rule for ESA(IR)

&

Asset rule for ESA(IR)

The only problem may be, that if your wife is placed into The WRAG in receipt of CB ESA only, she will only be entitled to 365 days of payment before it ceases, and because you work over 24 hours, this and your added income would preclude her from being paid IR ESA :

If she is placed into The SG, there is no 365 day entitlement rule :

12 Month Limit for ESA(CB)

From our : ESA FAQ’s

As she will be receiving the ESA50 Questionnaire shortly, she may wish to consider :

Using The PDF Version Of The ESA50 Questionnaire

Whilst referring to the guides under the heading of "New ESA50 form"

On this page :

ESA Claims Guides

See also :

How long do I have to complete the ESA50?

ESA50 too big for the envelope

&

Sending Documents to the DWP or ATOS


Please reply to this topic if you have any further queries.

bro58

Hi Bro

Many thanks for that, it is a relief to know that she at least has a wee chance of continued payments if we can get her into the support group.
Next step is to try & get her some medical evidence to support her claim.
Have asked her ophthalmic consultant if my wife can have a central & field of vision eye examination in hospital so we know exactly where we are as i know her field of vision is very poor being blind in her right eye & poor sight in her left. We await a reply on that front, her own doctors reception informed me today that there was no point in asking for a letter of support as the DWP would probably be in touch with her doctor in any case?
The problem we have there is that the doctor who knew her best has recently retired.
She also suffers from arthritis & attends clinics for that so lots of evidence to be gathered.
Thanks again.

Bax wrote: Hi Bro

Many thanks for that, it is a relief to know that she at least has a wee chance of continued payments if we can get her into the support group.
Next step is to try & get her some medical evidence to support her claim.
Have asked her ophthalmic consultant if my wife can have a central & field of vision eye examination in hospital so we know exactly where we are as i know her field of vision is very poor being blind in her right eye & poor sight in her left. We await a reply on that front, her own doctors reception informed me today that there was no point in asking for a letter of support as the DWP would probably be in touch with her doctor in any case?
The problem we have there is that the doctor who knew her best has recently retired.
She also suffers from arthritis & attends clinics for that so lots of evidence to be gathered.
Thanks again.

Hi B,

Vision problems are covered on page 52 of our Guide :

"Employment and Support Allowance claims on physical health grounds: a guide to the work capability assessment.

This is a fully comprehensive guide to the assessment procedure for the work-related activity group and the support group on physical grounds."

under the heading of "New ESA50 form"

On this page :

ESA Claims Guides

They are also covered from page 94 onwards in The WCA Handbook, 2nd from bottom link on the same page.

G.P.'s have given similar responses to many of our members when asked for letters of support.

Unfortunately DWP/ATOS seldom contact them with any request for information, if they do, it would be in the form of an :

ESA 113 Questionnaire

If one was to be sent, it would be after you submitted the ESA50, you could ask your G.P.'s reception to contact you if one is received, so that you are able to have some input.

You can also request copies of the G.P. records, and use any relevant extracts as evidence, this request cannot be refused, although there will be a charge. :

Requesting your medical records

Charging for medical records

It would be advisable to start collecting relevant evidence now, in anticipation.

You might want to Bookmark/Favourite this page in your internet browser, then you can return to it, if and when you need to.

It helps the Mods with continuity, etc.

bro58

Hi Bro

Had a reply from my wife`s eye consultant, who is based at Ninewells hospital (Dundee).
They were unable to do the vision tests for her anytime in the immediate future though he was prepared to dictate a letter to a hospital nearer to us to the same effect.
We stressed the importance of a quick appointment as the forms could be arriving soon but will need to sit tight & see how long it takes for them to set one up.
Our local surgery have consented to allow us access to my wife`s medical records tomorrow with any photo-copies required priced at 35p per item, which is quite reasonable.
On researching the links you put up for us it was noted one of the exemptions on the 24 hour working rule was for anyone receiving the middle or higher rate of DLA care component.
Thankfully my wife is on the middle rate so at least that gives a foundation to work from.