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Query about contributory IB

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7 years 4 weeks ago #185752 by suemccaff
Query about contributory IB was created by suemccaff
Hi

i'm helping a friend claim back benefit from a number of years ago. She has severe mental health issues, was migrated to ESA in 2013 but never given the enhanced disability premium of about £15 a week. This only came to light when she was awarded PIP and I asked if she was getting the severe disability premium. She hadn't been asked to apply for that either.

They have now rectified the SDP award and made a back payment and they think something went wrong when she migrated to ESA.

What I don't get is that they have had her on contributory ESA. They've now put this right but no reason given. She's never worked. I want to try and look into her claim for IB that preceded the migration to ESA and I'm wondering where I'd find the rules for contributory IB from 1985 onwards.

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7 years 4 weeks ago #185755 by Gordon
Replied by Gordon on topic Query about contributory IB
Suziq

It doesn't matter whether she worked or not, she is on ESA(CB), now with an ESA(IR) top-up, because she was previously on IB.

All IB claimants were/are being moved to ESA(CB), at transfer the DWP should have checked whether they were also eligible for a ESA(IR) top-up, unfortunately a lot weren't checked.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 4 weeks ago #185763 by suemccaff
Replied by suemccaff on topic Query about contributory IB
What would have been the criteria for her IB award though if she's never worked? I thought IB was contributions based, it's not an area I know much about.

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7 years 3 weeks ago - 7 years 3 weeks ago #185791 by Gordon
Replied by Gordon on topic Query about contributory IB

suziq wrote: What would have been the criteria for her IB award though if she's never worked? I thought IB was contributions based, it's not an area I know much about.


IB had several disregards for the normal contribution conditions, but as I said, it really does not matter, she was on IB, because she was she was on IB it was accepted that she met the Contribution Conditions for ESA(CB).

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 3 weeks ago by Gordon.
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