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Incapacity in youth to ESA

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11 years 10 months ago - 11 years 10 months ago #107858 by gothicmum
Incapacity in youth to ESA was created by gothicmum
Hello all,

This is my first post here, but I have been reading all the guides and they have been fantastic!

I do however have a question that I canno't seem to find a clear answer to.

My daughter has been on IB since she was 17, so I think this would have been counted as an incapacity in youth claim.

She is now 26 and is due to be reassessed, currently completing the ESA50. However what isn't clear, and having read various conflicting information, is that when she (hopefully) changes to the support group, would she be on contribution based or income related ESA?

I can see if she was to just apply for ESA it would be income based due to no NI contributions, but will it be different because she is moving from IB and this started as an incapacity in youth claim?

I am just concerned that she would go through all the stresses of the form and potential assessment, to be told she only qualifies for income based (which it seems would be £0 due to her husband's work - 37 hours a week, around 18k annual gross salary) :unsure:

Any help would be appreciated!
Last edit: 11 years 10 months ago by slugsta.

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11 years 10 months ago #107863 by slugsta
Replied by slugsta on topic Incapacity in youth to ESA
Hi GS,

Everyone on IB will be transferred to ESA (as long as they meet the medical criteria). If placed in the Work Related Activity Group payment would be limited to 365 days, after which the claimant would be means-tested to see if they are entitled to income-related ESA. There is no such time limit if placed in the Support Group.

What will I be transferred to?

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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11 years 10 months ago - 11 years 10 months ago #107870 by gothicmum
Replied by gothicmum on topic Incapacity in youth to ESA
Thanks Mrs Hurtyback,

This is what I thought (and hoped), but I had read various things mentioning that you would only be transferred to contribution-based ESA if you met the National Insurance criteria, is this definatly not the case?

So *everyone* on IB will be transferred to contribution-based ESA (as long as they meet the medical criteria) no matter what their circumstances (albeit limited to 365 days if in the WARG) ?

Many thanks!
Last edit: 11 years 10 months ago by Gordon.

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11 years 10 months ago #107878 by Gordon
Replied by Gordon on topic Incapacity in youth to ESA

gothicmumScott wrote: Thanks Mrs Hurtyback,

This is what I thought (and hoped), but I had read various things mentioning that you would only be transferred to contribution-based ESA if you met the National Insurance criteria, is this definatly not the case?

So *everyone* on IB will be transferred to contribution-based ESA (as long as they meet the medical criteria) no matter what their circumstances (albeit limited to 365 days if in the WARG) ?

Many thanks!


Everybody receiving IB and nothing else will be transferred to ESA(CB) which is limited to 365 days if they are placed in the WRAG. They will then need to check their eligibility for Income Related ESA.

Anybody receiving IB with an Income Support top-up will be transferred to ESA(CB) with an Income Related ESA top-up. Payment of the ESA(CB) component will be limited to 365 days if they are in the WRAG, but this does not apply to any ESA(IR) element which will continue to be paid albeit at an increased amount..

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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11 years 10 months ago #107890 by gothicmum
Replied by gothicmum on topic Incapacity in youth to ESA
Thank you both for clarifying this, it makes me feel more confident; she is in receipt of just IB with no additional IS so will hopefully be placed in the support group *fingers crossed*

Now to get on with the helping her with the ESA50... :blink:

Kind regards

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