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Bad News for those migrating from IB to ESA

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13 years 4 months ago #33119 by DRAGON2009
My MP has just confirmed in writing to me that the claimants on Incapacity Benefit will face the one year time limit on contribution based ESA once they are migrated

The MP has got this confirmation from the Government and although I won't paste the correspondence directly into here I can verify it is absolutely reliable.

That said this law has still to be passed and the exact date of implementation decided

Remember it means after 12 months to continue getting ESA not only do the challenging medical criteria need still to be met, but also the means test which includes partners earnings and claimants savings

I would very strongly urge all concerned about this to take it up with their MP's on the basis that it is a change which threatens financial and social consequences for hundreds of thousands of people (the partners and families, not only the claimant ) and is a tearing up of the national insurance contract after decades of a convention that has meant these payments are made indefinately subject to satisfying a medical criteria

At the moment all we hear of is housing benefit and thats bad enough, but there is plenty of opportunity to lobby MPs and relevant charities about this.

It is a smash and grab raid on the citizens. Don't forget we are all in this together OK

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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13 years 4 months ago #33121 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:Bad News for those migrating from IB to ESA
I posted the latest information as at 28/10/2010 on migration from IB to ESA
in a new thread yesterday.

Rather than trawl through all my posts yesterday see Incapacity Benefits Migration

This information is being updated regularly by the Disability Alliance, as and when it becomes available.

So, a good idea would be to bookmark this link.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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13 years 4 months ago #33124 by DRAGON2009
Replied by DRAGON2009 on topic Re:Bad News for those migrating from IB to ESA
I read that yesterday, their page hasnt changed for some days. It doesnt say a thing about the time limiting or the means test, and that is over a week since the spending review. I wonder why they have not eluded to it yet and more importantly
what will they do about as a premier voice for the disabled.

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13 years 4 months ago #33129 by mistynow
Replied by mistynow on topic Re:Bad News for those migrating from IB to ESA
I asked WRO how I would stand on this issue,if I could claim income related ESA on migration from SDA awarded due to HRC/HRM

Disability Rights Handbook 35th edition April 2010-2011

If you are a member of a couple, your partner must not be entitled to income-related ESA, pension credit,income support or incme based jobseekers allowance


So thats me out..... himself is on pension credit.

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  • Bad Back Bill
13 years 4 months ago #33245 by Bad Back Bill
Replied by Bad Back Bill on topic Re:Bad News for those migrating from IB to ESA
Hi XFACTOR,
I had an interesting conversation with My M.P on Saturday morning and he openly admitted to only having a basic knowledge of the benefit system.
As such He was under the misguided impression that all D.L.A recipients would be placed in the E.S.A Support group.
When I explained this was not the case and the majority are placed in the E.S.A WRAG and those on C.B E.S.A irrespective of any D.L.A award were going to lose any claim to E.S.A benefits after twelve months He seemed somewhat confused and concerned.
I believe many M.P'S are not informed that the descriptors for the E.S.A Support group are more rigid than that of D.L.A.
One can only conclude MP'S are unaware
of the effects of the Welfare Reform Policies which they are trying to implement.
Anyone planning to visit their M.P please educate them as to the difference in E.S.A and D.L.A descriptors and inform them that those on D.L.A are not automatically placed in the E.S.A Support Group.

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13 years 4 months ago #33252 by DRAGON2009
Replied by DRAGON2009 on topic Re:Bad News for those migrating from IB to ESA
I quite agree, they are not aware of just how tough the criteria is to be exemopt from work related activity

They just agree with the stuff trotted out by Ministers about prtecting those who 'really' cannot work from the changes

I hope that before this all becomes law (probably at about 3 in the morning with half a dozen MPs present ) that there is a concerted effort by the major disabled organisations, and the Labour Party (but they probably wont) to preserve the national insurance convention of sickness benefits and not time limit and means test them .

The cuts might excite the working taxpaying public, but this is a national insurance scheme that is there (like car or health insurance) to pay out when you need it, and usually that is in unplanned and catastrophic circumstances

Not only are these changes tearing up the national insurance contract, they place disabled and ill individuals and their families in a very difficult position, one that may well worsen health and threaten the families and individuals 'solvency'

Mrs Thatcher knew that taking benefits away for existing claimants was a very bad idea and resiled from it

the Government is also decommissioning dignity.

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