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TOPIC: Taken off IS to go on ESA but now pregnant...

Taken off IS to go on ESA but now pregnant... 7 years 3 months ago #10395

Hi folks! I'm hoping for a little guidance if you have the time. When my youngest child reached 12 recently I was moved from Income Support to ESA. A relatively smooth move and I am currently in receipt of £63.40 ESA per week. I also receive CTC's and CHB.

I've not been asked to attend a medical assessment (as yet) but was asked for medical certificates which my GP provided (covering me for the next 3 months) on the grounds of my depression/mental health, although I also have some physical health problems too.

However, I have just found out I am in the first trimester of pregnancy with child no 4. This will be a challenging pregnancy due to it's impact on my physical health and vice versa. I called my local JobCentrePlus but was told I should remain on ESA until I am at least 26 weeks pregnant and then possibly change back to Income Support? Their advice was as clear as mud basically...I have come to expect little else to be honest going on my past dealings with them alone.

Can anyone please clarify what my next move should be? Who should I inform and when? What exactly (and when) should I be claiming?

I'm confused!

Many thanks in advance...

Helen
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Re:Taken off IS to go on ESA but now pregnant... 7 years 3 months ago #10398

  • boris1
I think if you ring the DWP and inform them you're pregnant you should be placed in the ESA support group.
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Re:Taken off IS to go on ESA but now pregnant... 7 years 3 months ago #10402

Hi helen,

Would you believe there has been for some years now a DWP group called the Benefits Simplification Unit whose job it is to ensure that the benefits system gets simpler over time. I think they must be on a very, very long holiday.

I'm afraid it would be impossible for us to reliably give you information about such a specific set of circumstances. You really do need to get individual advice.

Our Help page:

http://www.benefitsandwork.co.uk/help

will give you some leads on how to find someone who can provide this.

Good luck,

Steve
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:Taken off IS to go on ESA but now pregnant... 7 years 3 months ago #10403

I can well believe it ;)

Thanks Steve, will do.
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Re:Taken off IS to go on ESA but now pregnant... 7 years 3 months ago #10414

helishangel wrote:
Hi folks! I'm hoping for a little guidance if you have the time. When my youngest child reached 12 recently I was moved from Income Support to ESA. A relatively smooth move and I am currently in receipt of £63.40 ESA per week. I also receive CTC's and CHB.

I've not been asked to attend a medical assessment (as yet) but was asked for medical certificates which my GP provided (covering me for the next 3 months) on the grounds of my depression/mental health, although I also have some physical health problems too.

However, I have just found out I am in the first trimester of pregnancy with child no 4. This will be a challenging pregnancy due to it's impact on my physical health and vice versa. I called my local JobCentrePlus but was told I should remain on ESA until I am at least 26 weeks pregnant and then possibly change back to Income Support? Their advice was as clear as mud basically...I have come to expect little else to be honest going on my past dealings with them alone.

Can anyone please clarify what my next move should be? Who should I inform and when? What exactly (and when) should I be claiming?

I'm confused!

Many thanks in advance...

Helen

Can I ask, were you receiving Income Support on the grounds of incapacity/disabiity before you were transferred to ESA, when your youngest child reached the age of 12?

The reason I ask this question is because I have come across a number of cases within the forum, where claimants have been transferred to ESA when their child reaches the age of 12, despite the fact that there is a pre-existing entitlement to IS on the grounds of incapacity/disability. In my opinion, this is not the correct procedure. In the ESA Decision Makers' Guide (Chapter 45, paragraph 45301) it states:-

Although ESA replaces

1. IB and
2. IS on the grounds of disability

for new claimants on 27.10.08, people entitled to those benefits when ESA is introduced, or who have entitlement to them under linking rules, will continue to receive them until they migrate to ESA at a later date.


If this situation applies in your case, in my opinion, you should have not been transferred to ESA but you should have remained on IS, because you received IS for some reason other than your youngest child attaining the age of 12. Furthermore, you will now be subjected to the much harsher ESA regime.

If the afore-mentioned circumstances do not apply and you only became incapacitated after your youngest child reached the age of 12, then you will have to claim ESA.

I would certainly agree with Steve that you need some individual advice concerning your circumstances, and if you decide to do this, it may be worthwhile discussing the position regarding your IS/ESA claims with the advice agency, if it is appropriate?
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 7 years 3 months ago by Crazydiamond.
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Re:Taken off IS to go on ESA but now pregnant... 7 years 2 weeks ago #12922

Hi there and thanks for your response...no, at the time, I was taken of IS due to my youngest child reaching 12 years old. I then opted to apply for ESA rather than JSA on the basis of my worsening health probs (both physical and mental).

I have just (after medical assessment) been placed in the WRAG group on ESA and been awarded £89 or so per week. However, I am a lone parent (and currently pregnant as stated above) and I'm not sure if I should claim for Income Support once I get to 29 weeks pregnant on the basis of my lone parent status rather than my health problems. I don't even know if this is possible. This is all very confusing. Any advice?
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