migration IB to ESA

so the contribution based 12 months begins from the end of the assessment process, and wont be backdated to its commencement, presumably

Derek4 wrote:

Hi XFACTOR, headinawheelchair, bro58

I'm not bold enough to give a definitive answer but this is what I believe to be correct.

First a decision would be make that you satisfy the WCA (after the face-to-face if you had one), then you get issued with a 'conversion' decision, and the effective date of conversion will be two to four weeks after being notified of the 'conversion' decision, depending on the day your IB/IS/SDA is paid.

Regards

Derek

Derek I understand why you won't commit to a definitive answer.

I assumed that the date of the award of ESA was the date of the face to face, if needed, as I have read that people have been classed as receiving overpayments where their benefit rate was reduced from the date of the face to face, even though they had not received notification until some time after the decision. Clawback was then enforced by the DWP, causing the claiments problems.

I don,t remember if this was people who were deemed fit for work though, so therefore would not have the transissional protection, as they would have, if put in WRAG

The thing that is clear is that Con/IB can not be counted as part of the 12 months entitlement to Con/ESA, and if you are now on Con/IB, that stays right up until the actual decision is made.

and therefore a claimant facing the 12 months contrib period would be as well to string the process out for aS long as they can without breaking the conditions of entitlement, and hopefully will do

XFACTOR wrote:

and therefore a claimant facing the 12 months contrib period would be as well to string the process out for aS long as they can without breaking the conditions of entitlement, and hopefully will do

I dont think I agree with the claiment stringing things out... but have no worries as THE DWP can be relied on to string things out for a long time without trying too hard

When you refer to 'overpayments' and 'clawback', can you please clarify the precise circumstances whereby the DWP are initiating this action/procedure?

Crazydiamond wrote:

When you refer to 'overpayments' and 'clawback', can you please clarify the precise circumstances whereby the DWP are initiating this action/procedure?

I have read that claiments who have been assessed, and had their benefits reduced after the assessments, were continueing to be paid at the pre-reduction rate.

They then received notification that their benefits were reduced from the date of the face to face, even though they received the notification some time later.

This continueing payment of the pre-reduction benefit rate was then classed as an overpayment, and clawed back.

As I previously said though I think this was where people had been deemed fit for work after assessment,(ESA to JSA) so I was using the date of the face to face as a reference point for the date of the decision, as this date of decision and entitlement was the question being discussed.