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 	 	IB or ESA which is preferable?
- keddi
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 		 			 	 						14 years 8 months ago				#48122 		by keddi  	  	 		 			 	    			 			 		 													
 	 				IB or ESA which is preferable? was created by keddi 			
  			 				Nearly 12 months ago I failed my IB medical (after being on the benefit for 2 years). I appealed this and have my appeal date set for March.
 
When IB ended I was advised to go onto ESA which I did and I passed the medical for this in Oct last year. Some money was backdated but I am still out of pocket for a short period.
 
My question is, apart the extra money that might get backdated if my appeal for IB is successful, is there any advantage to going back to IB?
 
For example, am I less likely to get called back so quickly? Does the Tribunal Services set a date for when I need to be reviewed again?
  					When IB ended I was advised to go onto ESA which I did and I passed the medical for this in Oct last year. Some money was backdated but I am still out of pocket for a short period.
My question is, apart the extra money that might get backdated if my appeal for IB is successful, is there any advantage to going back to IB?
For example, am I less likely to get called back so quickly? Does the Tribunal Services set a date for when I need to be reviewed again?
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- Gordon
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 			 	 						14 years 8 months ago		 -  14 years 8 months ago		#48141 		by Gordon 	  	 		 			 					
Nothing on this board constitutes legal advice - always consult a professional about specific problems 					 	   	 			 		 													
 	 				Replied by Gordon on topic Re:IB or ESA which is preferable?			
  			 				keddi
 
I am sorry, but we cannot give specific advice to members.
 
That said, things that you should consider;
 
It is expected that IB claimants will be transferred to Contribution Based ESA, legislation published today, will limit it this to 1 year for members of the WRAG after which they will be eligible for Income Related ESA, subject to a means test.
 
The government have stated that those succesfully transfered from IB to ESA will not suffer financially, so if your IB payment is more than the ESA equivalent, your payements will be frozen at the IB rate until the ESA rate catches up.
 
A new, tougher WCA test is to be introduced in time for the main IB to ESA transfer.
 
There may be others, but off the top of head I can't think of them
 
Hope this helps
 
Gordon
  							I am sorry, but we cannot give specific advice to members.
That said, things that you should consider;
It is expected that IB claimants will be transferred to Contribution Based ESA, legislation published today, will limit it this to 1 year for members of the WRAG after which they will be eligible for Income Related ESA, subject to a means test.
The government have stated that those succesfully transfered from IB to ESA will not suffer financially, so if your IB payment is more than the ESA equivalent, your payements will be frozen at the IB rate until the ESA rate catches up.
A new, tougher WCA test is to be introduced in time for the main IB to ESA transfer.
There may be others, but off the top of head I can't think of them
Hope this helps
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
 		Last edit: 14 years 8 months ago  by Gordon.			
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- DRAGON2009
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 			 	 						14 years 8 months ago				#48144 		by DRAGON2009 	  	 		 			 	    			 			 		 													
 	 				Replied by DRAGON2009 on topic Re:IB or ESA which is preferable?			
  			 				Here's  an interesting one...  If  a claimants   savings preclude  them from ESA  after  12 months,  and they  are receiving a protected  IB  rate  at  that stage....   they live off their  savings until  they manage  to  qaulify  for  ESA  asa  fresh  claim...  Hey presto...   they  suddenly get  ESA  rate not  their old  IB rate,  if they got the  IB age  related  addition,  then  their  'fresh'  ESA would be  aroujnd  £20  a week  less  than they  got  before
 
Its a wicked anomoly that is going to hit perhaps tens of thousands of people.
 
Dark times
  					Its a wicked anomoly that is going to hit perhaps tens of thousands of people.
Dark times
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- bitplayer
 
 			 	 						14 years 8 months ago				#48152 		by bitplayer 	  	 		 			 	    			 			 		 													
 	 				Replied by bitplayer on topic Re:IB or ESA which is preferable?			
  			 				Here's another:
 
If you have a working partner you are entitled to IB, but if you are migrated to ESA you lose all entitlement
  					If you have a working partner you are entitled to IB, but if you are migrated to ESA you lose all entitlement
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- Gordon
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 			 	 						14 years 8 months ago				#48156 		by Gordon 	  	 		 			 					
Nothing on this board constitutes legal advice - always consult a professional about specific problems 					 	    			 			 		 													
 	 				Replied by Gordon on topic Re:IB or ESA which is preferable?			
  			 				bitplayer wrote: 
 
If you are eligible for ESA(CB) then the claim is only applicable to you and does not take into account your partner.
 
If you can only receive ESA(IR), whilst the claim will be extended to your partner, if they earn less than the limit and work less tha 24 hours per week, would still be eligible.
 
Gordon
  							This is incorrect.Here's another:
If you have a working partner you are entitled to IB, but if you are migrated to ESA you lose all entitlement
If you are eligible for ESA(CB) then the claim is only applicable to you and does not take into account your partner.
If you can only receive ESA(IR), whilst the claim will be extended to your partner, if they earn less than the limit and work less tha 24 hours per week, would still be eligible.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- bitplayer
 
 			 	 						14 years 8 months ago				#48158 		by bitplayer 	  	 		 			 	    			 			 		 													
 	 				Replied by bitplayer on topic Re:IB or ESA which is preferable?			
  			 				Thanks for that Gordon, it means an extra year's leeway, but as for other criteria it's a no go			
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