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IB to ESA migration and carers allowance

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11 years 7 months ago - 11 years 7 months ago #111548 by Sergei
I am currently in the process of being migrated from IB to ESA. I have completed the ESA 50 and am now awaiting a decision. Despite using the guides and an excellent supporting statement from my consultant I'm not very optimistic about the outcome. As I would qualify for carers allowance because of my wife's DLA, that has been my plan in the event of the decision being that I'm found fit for work. I am now quite disconcerted after reading the following in the latest B & W newsletter-
"Plus, there’s the long-expected news that mandatory reconsideration before appeal for ESA claimants will definitely be imposed from October 28th. This will force claimants found fit for work to choose between trying to claim JSA or doing without an income replacement benefit until the reconsideration, which has no legal time-limit, is completed"

Does this only apply in the case of an appeal to tribunal against the decision ? If you just accept their decision without an appeal are you still free to apply for carers allowance ? Do I need to establish a right to carers allowance prior to getting my decision from the DWP ? Obviously I have never claimed CA while on IB as it isn't possible due to the overlapping benefits rule. I really need advice and a definitive answer on this please.
Last edit: 11 years 7 months ago by . Reason: Tick.

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11 years 7 months ago #111551 by Gordon
Replied by Gordon on topic IB to ESA migration and carers allowance

Sergei wrote: I am currently in the process of being migrated from IB to ESA. I have completed the ESA 50 and am now awaiting a decision. Despite using the guides and an excellent supporting statement from my consultant I'm not very optimistic about the outcome. As I would qualify for carers allowance because of my wife's DLA, that has been my plan in the event of the decision being that I'm found fit for work. I am now quite disconcerted after reading the following in the latest B & W newsletter-
"Plus, there’s the long-expected news that mandatory reconsideration before appeal for ESA claimants will definitely be imposed from October 28th. This will force claimants found fit for work to choose between trying to claim JSA or doing without an income replacement benefit until the reconsideration, which has no legal time-limit, is completed"

Does this only apply in the case of an appeal to tribunal against the decision ? If you just accept their decision without an appeal are you still free to apply for carers allowance ? Do I need to establish a right to carers allowance prior to getting my decision from the DWP ? Obviously I have never claimed CA while on IB as it isn't possible due to the overlapping benefits rule. I really need advice and a definitive answer on this please.


It only applies to claimants appealing an ESA Fit for Work Decision.

If you are thinking of applying for CA and IS as a Carer then you should be aware that IS will be replaced by Universal Credit at some time in the future which may have implications in the future for you.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Sergei

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11 years 7 months ago #111556 by Sergei
Replied by Sergei on topic IB to ESA migration and carers allowance
Gordon, thank you very much for such a quick reply to my question. It has put my mind at rest as I won't be appealing the decision if it is the worse case scenario of being found fit for work. Thanks for the extra info on IS but I wouldn't qualify for it because of occupational pensions.

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  • savannahsun
11 years 7 months ago - 11 years 7 months ago #111560 by savannahsun
Replied by savannahsun on topic IB to ESA migration and carers allowance
gordon sorry for interrupting your answer but was interested in what you said.....If you are thinking of applying for CA and IS as a Carer then you should be aware that IS will be replaced by Universal Credit at some time in the future which may have implications in the future for you. I have been transferred from IB and IS to esa support group. My husband is my carer so this means he transfers with me so just wondered what you meant will this affect us and if yes in what way if universal credut comes into force. Many thanks for your help.Pkease can i also ask how do u know how long you are in support group for as it didnt say on mine am afraid to ring.
Last edit: 11 years 7 months ago by Gordon.

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11 years 7 months ago - 11 years 7 months ago #111562 by Gordon
Replied by Gordon on topic IB to ESA migration and carers allowance

savannahsun wrote: gordon sorry for interrupting your answer but was interested in what you said.....If you are thinking of applying for CA and IS as a Carer then you should be aware that IS will be replaced by Universal Credit at some time in the future which may have implications in the future for you. I have been transferred from IB and IS to esa support group. My husband is my carer so this means he transfers with me so just wondered what you meant will this affect us and if yes in what way if universal credut comes into force. Many thanks for your help.Pkease can i also ask how do u know how long you are in support group for as it didnt say on mine am afraid to ring.


Based on your post, it does not as neither of you are receiving IS.

You can find out when you are to be re-assessed by phoning the DWP and asking, failing that, request the ESA85 medical report if you had a face to face and the ESA85A if you did not, the prognosis from these reports is usually used to set the re-assessment date.


Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 7 months ago by Gordon.

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