IB Claimants Payment Rates Protected

I receive IB, IS and DLA and am overdue a medical by about a year. So I guess I'm going to be in the 'first wave' of claimants migrated over.

I'm getting increasingly worried about this as my health is slowly improving and I have a plan to return to work involving training in the summer. I'm scared it's all going to happen at the wrong time for me and I'll end up on JSA just when I need the support starting part time self employed.

Anyway, my main question here is about the IB rates supposedly being protected during the migration.

Is there any information about whether this just covers the support group of ESA or the Work Related Activity group too? What happens if you fail the ESA medical and appeal? Would they say there's been a break in benefits and use that to put the claimant on ESA rates instead of back onto their previous IB rates?

If I get put in the Work Related Activity Group I'm also worried they'll stop my DLA and use that as an excuse to reduce my rates. I get the IS top up because I receive DLA.

It's all so scary right now. If anyone can clarify the situation I would be grateful.

Obviously we'll find out as claimants get migrated, whether the promise is held or not, but what exactly IS the promise?

Mod edit: moved to questions forum

Gordon wrote:

Jeanie

Yes your IB payments will be protected.

If your IB is greater than the relevant ESA rate you will continue on the IB rate until the ESA rate catches up.

If your IB rate is less than ESA rate you will be put on the ESA rate.

This will be the case whether you are in the WRAG or the Support Group.

If you fail the ESA medical, then you can appeal and during the wait for a Tribunal you will receive the ESA Assessment rate. If you win then you will be paid the outstanding ESA, this will be classed as part of your initial claim for ESA so the guarantee will continue.

Whilst a failure to pass rhe ESA medical has been used to cause a re-assessment of a claimants DLA, it is unlikely that being put in the WRAG would, unless there is a fundamental discrepancy between how you have described your disabilities for the two benefits.

Hope this explains it.

Gordon

I thought there was a cut off date and if you went back to work after that date even if on IB at the time coming back onto benefits would be onto ESA at the rates in payment ?

Dave,

Gordon is correct about transitional protection for IB.

But the linking rules for IB ended on 31 January, so anyone on IB now who stops claiming in order to work would have lost thirtransitional protection if they had to claim ESA in the future.

Steve

Thank you for the clarification Steve.

So if I fail the medical but win on appeal then I would receive backdated amounts according to my IB/IS figures, yes?

Thanks also to Gordon. I was aware of the transitional issue but it's always useful to see it confirmed.