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Invalidity benefit transition to ESA contributions

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6 years 6 months ago #198738 by wideyes
Dear all

My IV benefit award was from 1990 to 2013 . When DWP invited claimants to fill in limited capability questionnaire ESA50 there was no extra forms sent out to many claimants re disclosure of monies .

A Welfare right officer recently viewed my esa transition letter from DWP which quotes " you have been placed in ESA support group contributions based with top up element ."

Welfare rights officer has alerted me to the following :

The DWP back in 2013 invited IV claimants to complete ESA 50 form .

When they awarded numerous claimants like for like re money they then change the benefit being IV benefit which was non means tested to top up ESA £118 per week .

The top up element should NOT be means tested !!! as the transition from IV benefit should remain the same criteria as non means tested !

Welfare advisor said that the DWP caused havoc with this transition process from non means tested IV benefit to means tested ESA support group with top up

Under welfare rights law he mentioned this matter is overlooked by many DWP staff .

Nick Dilworth Welfare Benefits advisor of CAB Plymouth has written extensively for 25 years as a Welfare Benefit advisor and trains Welfare Benefit solicitors re DWP benefits and all about these contraindicated matters .

My concern now is whether this CAB Welfare rights officer who has offered to help me and resolve issues surrounding 2013 transition matter with DWP .

Has anybody been affected by this matter and if so was it resolved

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6 years 6 months ago #198753 by Gordon
Michele

I think there is some confusion over what has happened but based o your what you have written I think this is about whether you should have received an Income Related top-up to your ESA(CB) at the time that you were transferred rather than a Transitional Payment.

This is a common mistake made by the DWP and it should be relatively easy to correct with the assistance of your advisor.

Gordon

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

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