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IB to ESA
- ett
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6 years 8 months ago #195118 by ett
IB to ESA was created by ett
I was previously on incapacity benefit when my husband died in 2011 at that point I was moved onto Bereavement Benefit then at a later date I was moved to ESA. They are now saying that my claim was broken and therefore do not have the transitional protection from Incapacity Benefit is there any rules about this.
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6 years 8 months ago #195125 by Gordon
The Transitional protection is only available to claimants moved directly from IB to ESA but I'm unsure how you have ended up on ESA as there is no transition from Bereavement Benefit to ESA, was this something that you applied for?
BA is an overlapping benefit with IB and ESA, so only the higher paying benefit is actually paid but that should not mean that your IB claim was closed, it just would not have been paid, so we need to understand how you got onto ESA!
Gordon
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Replied by Gordon on topic IB to ESA
ett wrote: I was previously on incapacity benefit when my husband died in 2011 at that point I was moved onto Bereavement Allowabce then at a later date I was moved to ESA. They are now saying that my claim was broken and therefore do not have the transitional protection from Incapacity Benefit is there any rules about this.
The Transitional protection is only available to claimants moved directly from IB to ESA but I'm unsure how you have ended up on ESA as there is no transition from Bereavement Benefit to ESA, was this something that you applied for?
BA is an overlapping benefit with IB and ESA, so only the higher paying benefit is actually paid but that should not mean that your IB claim was closed, it just would not have been paid, so we need to understand how you got onto ESA!
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 8 months ago #195136 by ett
Replied by ett on topic IB to ESA
Hi Gordon, thanks for replying I did try to tell them today that I was told that i was paid the BA as it was higher than the IB but they said that it was then a broken claim. I will go back to them and explain it was the overlapping benefit as I may not have made myself clear. I am unsure how I got onto ESA as I am trying to look through my paper work but I don't have everything. I am unsure of the date that I have had medicals so I am trying to find that out but I went onto ESA when my daughter finished her full time Education. Thank you for your help
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