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CB ESA vs IR ESA

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6 years 8 months ago #219060 by juba
CB ESA vs IR ESA was created by juba
I'm thoroughly confused. My daughter receives CB ESA and has done since 2013 when they switched her over.

Now I have a form for IR ESA but I don't know whether to complete it. She is above the lower savings limit but somewhat but below the upper limit so would receive something extra.

BUT
IR ESA is a legacy benefit while CB ESA is not.
Legacy benefits are dragged into UC.
UC is already up and running in our area. Is a claim to IR ESA a change of circumstances?
Does this mean if I complete the form I will have to start battling with UC now - I don't have the energy for this.
Also I submitted the 3rd ESA form in 5 years [for someone with a life long genetic issue] which they received on 21st August and I have not had a reply yet. In my head this complicates things ....
If I decide not to complete it [and save my sanity ...] can they do anything?
Lots of questions are zooming round inside my head and I hate this system of making people feel guilty when they have done nothing wrong.
Families of people with learning disabilities are hit right left and centre during the whole life of our kids and they don't care one iota. Sorry - it's getting to me and I'm in my 70s now and need some peace.

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6 years 8 months ago #219107 by Gordon
Replied by Gordon on topic CB ESA vs IR ESA
Juba

This is why she has received the form

www.benefitsandwork.co.uk/news/3735-esa-...t-many-will-miss-out

This would be an amendment to her existing ESA claim, it will not require a claim for UC.

Forgive me for asking but are you your daughter's appointee, if not then what does your daughter want to do about the form? I would contact the DWP if you don't intend to return the form to avoid further communication on the matter but I would only do this if you are certain that she is not entitled to any backdated money.

There are considerable delays in the ESA assessment process, some members have reported waiting nine months for an appointment.

Gordon

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

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6 years 8 months ago #219121 by juba
Replied by juba on topic CB ESA vs IR ESA
Thank you Gordon - yes I know why I have received the form. I am concerned it would be viewed as a *change* leading to a requirement to switch to UC.
I am her appointee - she isn't able to deal with many things and this is totally beyond her and indeed right now it is beyond me. So much stuff to deal with this year for her and me and I'm exhausted and can't concentrate properly and have no one to help sort out anything.
I have no idea if she is entitled to backdated money - it's possible but that would just muddy the waters? It increases her savings doesn't it? I really don't need a more difficult life - I need things to quieten down so I can recover - and this has one of their time limits.

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6 years 8 months ago #219132 by Gordon
Replied by Gordon on topic CB ESA vs IR ESA
Juba

As I've said this is an amendment to their existing ESA claim, it will not result in her having to claim ESA.

As the problem that caused this review was a DWP Error and monies paid by the review are permanently disregarded in regard her savings.

Gordon

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