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TOPIC: IB to ESA

IB to ESA 3 months 2 weeks ago #196221

I have previously been on Incapacity Benefit, should I have been transferred to Contribution based ESA

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IB to ESA 3 months 2 weeks ago #196226

ett wrote: I have previously been on Incapacity Benefit, should I have been transferred to Contribution based ESA


Yes all IB claimants would be transferred to ESA(CB).

Gordon

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

IB to ESA 3 months 2 weeks ago #196238

Thank you for getting back to me . Would there be any reason to then be changed to Income Related?

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IB to ESA 3 months 1 week ago #196265

ett wrote: Thank you for getting back to me . Would there be any reason to then be changed to Income Related?


You can't be changed to ESA(IR), ESA is a single benefit with two payment methods.

The only way that you can end up on only ESA(IR) would be if you closed your claim and then made a new one more than twelve weeks later.

There are two scenarios where you can receive ESA(IR) in addition to your ESA(CB).

1. You are in the Support Group or were transferred to ESA less than one year ago, you are part of a couple and/or you are entitled to one or more ESA Premiums AND you have limited savings and income.

In this case you would receive your ESA(CB) payments in full and an ESA(IR) top up.

2. You are not in the SG and have been receiving ESA for more than one year AND you have limited savings and income.

In this case your ESA(CB) will be nil and you will receive ESA(IR) in full subject to your income and savings, It is important to understand that you have not lost entitlement to your ESA(CB) and if your were placed in the SG then it would go back into payment.

Gordon

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

IB to ESA 3 months 1 week ago #196380

Hi Gordon, Thank you so much for your help

If I could give you more information

I have been on Incapacity since before 2000 although I did return to work but think the 104 week linking rule would have been in place. I finally finished work in 2003 and went onto incapacity benefit, unfortunately in 2011 I went on to receive Bereavement Benefit until 2014 and now find myself on Income Related ESA which is affecting my pension. What they are saying is that as I was placed in the work group in 2012 I would only have been entitled to contribution based ESA for one year. Would you be able to give me any further advice

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IB to ESA 3 months 1 week ago #196389

ett

I'm not sire what advice we can give! If you are trying to get your ESA(CB) into payment then the only way for you to do this is to be placed in the Support Group, based on your previous posts this result in it being reinstated.

If you are trying to avoid your pension being deducted from your ESA(IR) then there is no way to do this, there are no disregards, historic or otherwise that would apply.

Gordon

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