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Can IB Xperia to sea be changed to a new claim?

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8 years 1 month ago #153496 by freddyfish
Hi, I have been on IB from 1994 till 2013 for mental health reasons only. In 2013 IB xfer to Esa was awarded on physical grounds only. Is this then classed as a new claim so the dwp can then get round my transitional protection and then take into account my occupational pension which was exempt from consideration beforehand?
I still have the mental health issues but the decision maker did not even consider them saying in her letter that as your new physical problem gives you the support group so no point looking at the mental health points. Surely they are wrong to do this?
I am in the support group but being harangued for pension info I have been exempt from giving before.

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8 years 1 month ago #153515 by freddyfish
Replied by freddyfish on topic Can IB Xperia to sea be changed to a new claim?
I posted a q last night and cannot find. it. Search link goes back to blank page. How can you find your own post and get replies! Sorry to be dumb but finding it very difficult to navigate.

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8 years 1 month ago #153530 by Gordon
freddyfish

Your ESA claim is new but as a result of the Transitional Regulations under which it was made some things have been carried forward from your IB claim, for example you did not need to meet the Contribution Conditions again and in reference to your query any pension income that was disregarded under IB will continue to be disregarded under ESA.

However, this does not mean that you are not required to supply information about your pension if requested to by the DWP, failing to provide this information can lead to the suspension of your payments.

Gordon

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

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8 years 1 month ago - 8 years 1 month ago #153539 by slugsta

freddyfish wrote: I posted a q last night and cannot find. it. Search link goes back to blank page. How can you find your own post and get replies! Sorry to be dumb but finding it very difficult to navigate.


All posts must be read and approved by a moderator before being published. Mods are only guaranteed to be available between 2-3.30 and 8-9.30 Mon - Fri although we do often look in at other times. Even during 'open' hours, how long it takes for a post to appear depends on how many (voluntary) mods are on line and how busy we are.

Please read this topic which is usually near the top of the forum.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 1 month ago by slugsta.

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8 years 1 month ago #153671 by freddyfish
Replied by freddyfish on topic Can IB Xperia to sea be changed to a new claim?
Thank you Gordon for your response. I have sent them the info they required ie my pension details from 2014 to 2016 along with a letter asking why they need this info when my xfer from IB to ESA has transitiona lprotection.
Due to having to wait over a year for my medical and then the atos Doctor not puttting in my medical reports for that period I was at first placed in the WRAG and sent appointments for interviews etc. I was then put in the Support group following Mandatory reconsideration but I think things had been set in motion and I had a call a year later asking about income, explained I was in support not WRAg, then a letter saying a change was identified which again I cleared up over the phone with DWP who assured me there would be no change as was in support and now a letter demanding pension details within 2 weeks...so I can only think that somewhere on their system it says I am in the WRAG. Hope they sort it out. I am very anxious about it. OK Thanks again for your help.

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8 years 1 month ago #153672 by freddyfish
Replied by freddyfish on topic Can IB Xperia to sea be changed to a new claim?
Thank you Mrs Hurtyback for your info too. I can be a bit hopeless on computers and ipads etc.
The following user(s) said Thank You: slugsta

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