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IB to ESA migration for those exempt from the PCA
- Porridge
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14 years 3 weeks ago #33167 by Porridge
“There isn’t anyone who doesn’t appreciate kindness and compassion.” – Dalai Lama
Replied by Porridge on topic Re:IB to ESA migration for those exempt from the PCA
Thank you to everyone who replied. I find it disconcerting that my IB might have been reviewed without me knowing it, any number of times. But I find it very unsettling not knowing what's going to happen next, and in particular, when. I'm sure most people feel the same.
“There isn’t anyone who doesn’t appreciate kindness and compassion.” – Dalai Lama
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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14 years 3 weeks ago #33169 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:IB to ESA migration for those exempt from the PCA
Hi Rose,
To the best of my knowledge the DWP haven't stated that DLA recipients who currently happen to be on IB, but will be migrated to ESA will have their DLA reviewed automatically also.
What the DWP have said in respect of DLA, is that all those of working age will be reassessed using a new system with effect from 2013/14 but that is a separate issue and is not part of the IB to ESA migration.
What the DWP said in a press release several weeks age was :
“We are not reassessing claims to Disability Living Allowance (DLA) as part of this process. However, if someone receives DLA as well as Incapacity Benefit it is possible their DLA claim may be affected if new information comes to light as a result of the reassessment.”
What could this mean? For example if you are receiving HRM component of DLA and are required to attend a medical to reassess your incapacity benefit and manage to score the required 15 points (minimum) but the DWP (Atos) doctor gives an opinion that you can walk say 150 metres without stopping or severe discomfort. This opinion could possibly be passed to the DLA Unit and your DLA could be reassessed or even stopped on the basis of that opinion even though the tests for the two benefits are entirely different.
Such a decision would of course carry the right to appeal to a Tribunal.
I think we need to wait to see what happens rather than speculate at this stage.
To the best of my knowledge the DWP haven't stated that DLA recipients who currently happen to be on IB, but will be migrated to ESA will have their DLA reviewed automatically also.
What the DWP have said in respect of DLA, is that all those of working age will be reassessed using a new system with effect from 2013/14 but that is a separate issue and is not part of the IB to ESA migration.
What the DWP said in a press release several weeks age was :
“We are not reassessing claims to Disability Living Allowance (DLA) as part of this process. However, if someone receives DLA as well as Incapacity Benefit it is possible their DLA claim may be affected if new information comes to light as a result of the reassessment.”
What could this mean? For example if you are receiving HRM component of DLA and are required to attend a medical to reassess your incapacity benefit and manage to score the required 15 points (minimum) but the DWP (Atos) doctor gives an opinion that you can walk say 150 metres without stopping or severe discomfort. This opinion could possibly be passed to the DLA Unit and your DLA could be reassessed or even stopped on the basis of that opinion even though the tests for the two benefits are entirely different.
Such a decision would of course carry the right to appeal to a Tribunal.
I think we need to wait to see what happens rather than speculate at this stage.
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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- DRAGON2009
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14 years 3 weeks ago #33171 by DRAGON2009
Replied by DRAGON2009 on topic Re:IB to ESA migration for those exempt from the PCA
There are no end of possibilities to use those ESA/IB medical reports for DLA decisions, if the clinical findings/ claimants word contradicts what was previously written or understood in relation to care needs , or suggests an improvement that might call into question the DLA award. The criteria are different that is true and decisions always appealable but they do do this and they continue to do so
But I doubt that when DLA is not in payment and a ESA/IB medical suggests very high levels of difficulty with everyday care/mobility, that the DWP would write to the claimant inviting a DLA claim to be made or notifying DLA Unit to send a claim pack.
It would not work in that direction
But I doubt that when DLA is not in payment and a ESA/IB medical suggests very high levels of difficulty with everyday care/mobility, that the DWP would write to the claimant inviting a DLA claim to be made or notifying DLA Unit to send a claim pack.
It would not work in that direction
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