ESA migration

If you pass the limited capability for work assessment you will then have another test, the limited capability for work-related activity assessment.

If you pass this test as well you will be placed in the support group. Both tests are carried out on the same occasion if you have an Atos medical – you won’t even be aware that the second one is taking place.

Like the first test, there are three ways of passing this second assessment:

1. You can be exempt from the assessment. The grounds for exemption are the same, or very similar, to three of the exemption grounds from the first test.

2. You can be covered by one of the descriptors. These are mostly the highest scoring descriptors from the activities in the first test, but there are some differences.

3. You can fail to be covered by any of the descriptors but still be covered by the exceptional circumstances regulations. There is only one of these and it is virtually the same as one of the exceptional circumstances from the first test.

I really don't understand this 1 year thing with migration to ESA, I get contribution based IB, and have done for many years, based on the National Insurance Contributions that I made when I worked, so really being transfered over to contribution based ESA, should make no difference. If and when the year is up my husband will be a pensioner (65), so does anyone know what happens in that case?????

Liz Howie wrote:

so how do you get put into the support group rather than the wrag?
And also thatmeans that half the households with a working partner will be put under a lot of finacial strain surely?

Liz

If I am correct (and I'm sure someone will tell me if I'm not) it is a similar situation to Income Support which has been in place for many years.If you have a working partner and/or savings it affects the amount of benefit(s) you can claim.

It is very harsh considering we have health problems to cope with as well as our bills to pay. My own financial situation will eventually put me in a position where I may have to sell my property to survive.

Are you in receipt of any other means tested benefits currently? If this is the case then these will transfer over to Income related ESA, which will top up your contribution based ESA.

It follows that if you are still entitled to Income related ESA this will increase to offset the income lost when the Contribution based ESA stops after the 12 month period.

ESA Income related payments are in effect the same as Income Support payments made on grounds of disability.

Gordon wrote:

Liz Howie wrote:

Thanks that's a weight off my mind because a disibility adviser told me that once i migrait from sda to esa , esa is only payable for a year and because my husband works i then will get no bebefit. I didn't think that sounded right.

Liz

I'm sorry, I'm clearly suffering from brain fog today.

The Government has put forward plans to limit Contribution Based ESA to one year for members of the WRAG, but not the Support Group.

After the year, which would start from the effective date of transfer, a claimant would be eligible to receive Income Related ESA, subject to their meeting the means test.

The legislation that would bring this into force, has not yet been passed, but is likely to without amendment.

My apologies for misleading you in my previous answer.

Gordon

So let me get this straight a person who's already been on IB for years and then gets transfered to ESA doesn't get their CB based ESA stasis removed until they've reached a years since the transfer date from the old IB to ESA, rather then just a year since you first started your original IB claim.

So say I get transferred this August (or in my case I suspect have to go onto assessment rate pending an appeal) then I would be able to keep my CB rate stasis until August 2012? Is this right?