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ESA Support Group: moving back to CB from IR?

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6 years 11 months ago #185984 by Moobaloo
I am currently in the ESA Support Group (IR), where I have been for a few years now.

When I first claimed ESA in 2012, I was put on CB WRAG as I had a working partner but I put in a Supersession Request in Aug 2013 as my health had worsened. We split in Sept 2013 and he moved out. I informed DWP, Council Tax etc, but from my records it seems that I was not moved to IR until Nov 2013 - which is when my 365 days entitlement ran out.

Firstly, can the DWP legally not change me from CB to IR for over a month after my partner moved out and effectively letting my 365 day CB entitlement expire?

Secondly, if I were to start living with a new working partner in the future, could I be moved back onto CB from IR as I'm in the Support Group?

I have called the DWP to request the date I was moved into the Support Group, and also to ask about the delay in moving me onto IR, and I'm now waiting for a call back from the 'Benefits Centre' in the next 24hrs. It seems that my file was "rebuilt" in 2016, so the lady who answered my phonecall couldn't look back through my claim history! I have no idea why this has happened, but it may have something to do with DWP losing a load of ESA paperwork I sent them around the same time in 2013.

Any help appreciated!
Thanks in advance :)

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6 years 11 months ago #186048 by Gordon
Moobaloo

From the dates you have posted.

You were not entitled to ESA(IR) until September 2013 due to your partner working.

When they left you would have been entitled to ESA(IR) but the rates for a single person in the WRAG are the same for ESA(IR) and ESA(CB) unless you were also entitled to one or more of the ESA Premiums. ESA(CB) is always paid in preference to ESA(IR).

In November 2013 your 365 days expired removing your entitlement to ESA(CB) payments and it would be then that the ESA(IR) would become payable.

If you move in with another working partner then your entitlement to ESA(IR) would cease but being in the SG means that your entitlement to ESA(CB) was re-enabled, I expect that you are currently receiving ESA(CB) with an ESA(IR) top-up for the Enhanced Disability Premium (aka Disability Income Guarantee).

So you would lose the Premium but continue to receive your ESA(CB) as long as you remain in the SG.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Moobaloo, Paul

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6 years 11 months ago #186059 by Moobaloo
Replied by Moobaloo on topic ESA Support Group: moving back to CB from IR?
Hi Gordon,

Thanks for your reply!

I'd assumed that I'd be switched to IR when my partner left and nobody at DWP has ever explained that CB is always paid in preference to IR.

I don't have a date that I was moved into the Support Group, I've been through my files 3 times now. It will be interesting to see what the Benefits Centre say when/if they phone back!

I wasn't sure if I could be moved back onto CB again if I moved in with a partner, having used 365 days already. I know if I'd have been in Support Group in Nov 2013, my CB payments would have continued despite having had 365 days of entitlement, but there seems to be little advice available anywhere about moving back onto CB after a period of being on IR.

I currently receive ESA(IR) and the Severe Disability Premium. I know I'd lose the SDP payment and just receive the basic ESA(CB) Support Group payment.

Is that all correct?! My head is spinning! :S

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6 years 11 months ago #186096 by Gordon
Moobaloo

Yes that is correct, the restriction on ESA(CB) payments does not apply to claimants in the SG in any way, so it does not matter that you have already spent 365 in the WRAG (or to be more precise, not in the SG).

Gordon

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

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1 year 11 months ago #269569 by Paul

If you move in with another working partner then your entitlement to ESA(IR) would cease but being in the SG means that your entitlement to ESA(CB) was re-enabled, I expect that you are currently receiving ESA(CB) with an ESA(IR) top-up for the Enhanced Disability Premium (aka Disability Income Guarantee). So you would lose the Premium but continue to receive your ESA(CB) as long as you remain in the SG. Gordon

Sorry to reply to this old post but it seems to t relate to my situation and I can't find a "new post" button.

I moved from IB to ESA(CB) a long time ago then in the last ten years I elected to move to ESA(IR) in order to get a free boiler. I'm getting £262.60 a fortnight and I think this includes an enhanced disability premium buy can't find the exact name of it.

If I were to move in with a partner in a different local authority area who works less than 24 hours a week should I revert to ESA(CB) or might I need to reclaim under UC for example? I currently live by myself in a house that I own outright.

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1 year 11 months ago #269684 by Gary
Hi Paul

What Gordon was referring to some claimants who are in receipt of CB ESA are also entitled to claim IR ESA as a top up, this usually happens when the claimant is entitled to SDP and EDP premiums.

When the claimant has a change of circumstances such as moving in with a new partner then their IR ESA may stop as it would now be based on the household income but the CB ESA would continue.

You need to know exactly how your benefit is made up, have a look at the latest DWP breakdown letter, it is usually on the last page.

I would advise you to seek help from your local Welfare Rights Organisation who can take your situation into consideration. advicelocal.uk lawcentres.org

Gary

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

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