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TOPIC: esa migration date in news section

Re:esa migration date in news section 7 years 3 months ago #14467

Hi Everyone,

With the migration being brought forward in some areas of the country whether in error or not. Does this mean that each claimant has the right to claim 'cold weather payments' in lieu of being reviewed?
Of what I understand from trailing through various organisations websites' is that IB was abolished in October 2008.
Does this mean that claimants will have to return overpayments of benefit in return of receiving 'cold weather payments' as eligibility to benefits has fluctuated through time?
In cases of fraud prevention is the guilty party responsible to return the benefit overpayments and face punishment as well?
Isn't it time we had crystal clear decisions instead of dyfunctional assumptions becoming the norm in dealing with claimants who are suffering life changing experiences in pain of the body as well as the mind?
With a general election coming forever closer is it not time we had clarification of the decisions that have been made?
Our MP Andrew Gwynne is very good and has our support because he kicks ass where other are slacking! Is it time for everyone to call on their MP's to sort out this mess once and for all?

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Re:esa migration date in news section 7 years 3 months ago #14472

greyrider wrote:

Hi Everyone,

With the migration being brought forward in some areas of the country whether in error or not. Does this mean that each claimant has the right to claim 'cold weather payments' in lieu of being reviewed?
Of what I understand from trailing through various organisations websites' is that IB was abolished in October 2008.
Does this mean that claimants will have to return overpayments of benefit in return of receiving 'cold weather payments' as eligibility to benefits has fluctuated through time?
In cases of fraud prevention is the guilty party responsible to return the benefit overpayments and face punishment as well?
Isn't it time we had crystal clear decisions instead of dyfunctional assumptions becoming the norm in dealing with claimants who are suffering life changing experiences in pain of the body as well as the mind?
With a general election coming forever closer is it not time we had clarification of the decisions that have been made?
Our MP Andrew Gwynne is very good and has our support because he kicks ass where other are slacking! Is it time for everyone to call on their MP's to sort out this mess once and for all?


Hi,

Just to clarify your posting, to the best of our knowledge and based on the statement from Yvette Cooper (Sec of State for DWP) the migration process from IB to ESA will commence in October 2010. So far there has not been any announcement contrary to this, nor any announcement of any early pilot schemes. Until such time as either a minister or the DWP make any announcements on the subject we can only follow what has been published.

Incapacity Benefit was not abolished in October 2008. It was closed to new claimants from that date, however those already in receipt of IB or covered under linking rules could carry on to receive IB and be dealt with under the rules for IB (PCA etc). Only once all IB claimants have migrated to ESA could one really say it has been abolished.

With regards to overpayments, if they are recorded as being down to 'official error' then there is no right to recovery the from claimant.

As to 'crystal clear decisions', I am sure we would all like to see better standards of Decision Making, thus reducing the oft needed recourse to first (or even second) tier tribunals. However with the previous, current and potential future budget cuts reducing staffing numbers at the DWP leading to a somewhat demoralised staff under increased pressure, I think the desire for better standards may be some way off.

To qualify this, as evidenced on this and other fora, the DWP and ATOS are in some areas struggling to complete the ESA process within the 13 week allotted timespan. With an increase of ESA claimants due to migration, as Steve says in his newsletter, it is difficult to see how the DWP/ATOS will manage without further resources/investment.

Regards

Pete

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:esa migration date in news section 7 years 3 months ago #14476

In time we will see whether the review dates provided in IB dates will guide the date of application of the ESA migration process.

I tend to the view that they will not adhere to for IB review dates (unless they are close /fit neatly with the scheduled migration dates in a persons case. ESA is designed to exclude a large number of present and future claimants of working age from obtaining a state sickness benefit. I can only see this working if they get on with it as quickly as possible. How else will they make savings.

As for the resources to find more staff at ATOS/DWP to make the migration possible I would think they will do it if the expense justifies a bigger saving and the political kudos from 'cracking down'

On the other hand, I want to be wrong and would love to hear that they will run with the present review dates.... fingers crossed......

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Re:esa migration date in news section 7 years 3 months ago #14477

On a different subject but to illustrate how slowly procedures can take at the DWP, Income Support claimants who received dependent child additions payable with IS on pre-2003 claims, were all due to be transferred to Child Tax Credit by the end of 2005 at the latest.

According to recent DWP estimations on this issue, the migration process is not due to be completed until 2011, which is six years overdue, but it is still not confirmed that the process will be completed by that time? It is also the case that this transfer would be infinitely more seamless than the migration of current IB claimants to ESA, as no reassessment is required.

Given that all current existing IB claimants will need to be reassessed for ESA, the migration process that has yet to commence could take a considerable time, as I would imagine that there will be literally thousands of appeals from existing IB claimants who could see their entitlement terminated under ESA, particularly those who have received IB for many years when the reassessment eventually happens.

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Re:esa migration date in news section 7 years 3 months ago #14486

To follow on from CD above, we are told that there are 2.5 million current IB claimants which is a hell of a lot of people to retest and as CD has said there will no doubt be many many appeals as a result of the reassessments so again given the way the wheels of the DWP grinds along and the fact that there are so many people to reassesses the whole migration process may end up taking many years and the system may no be able to cope.

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:esa migration date in news section 7 years 3 months ago #14488

  • Ricardo
.... and even more !! with Work Focussed Interviews for lone parents on IS with a child under 10 at the moment and under 7 from October 2010, and as of 7th December 2009 , voluntary WFI's for carers.
... and any other ideas they come to "help" all of us back to a fruitful working life ....perhaps they are trying to create new opportunities within the JCP --;)

Fair to say , i think they have their work cut out..:)


Rich

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