Am I right in thinking that all claims which were migrated from Incapacity Benefit transferred to CB ESA and even if claim has not been reviewed since 2013 that there was no time limit placed on the CB element or would it be considered Income Related after 12 months?
Ditzee wrote: Am I right in thinking that all claims which were migrated from Incapacity Benefit transferred to CB ESA and even if claim has not been reviewed since 2013 that there was no time limit placed on the CB element or would it be considered Income Related after 12 months?
ESA is a single benefit with two payment entitlement, one based on the claimants NI Contribution history and the other on their household income, assets and savings and any hours that a partner works.
So you can receive ESA(CB), ESA(IR) or ESA(CB) with an ESA(IR) top-up.
Incapacity Benefits were transferred to ESA(CB) and if their circumstances warranted it they should have also received the ESA(IR) top-up.
If you qualified for ESA(CB) then you remain entitled to ESA(CB) as long as the claim is not interrupted, however, it is possible for the ESA(CB) to become not payable if the claimant is not in the Support Group for a total of 365 days or more. Any ESA(IR) that they are entitled to would remain in payment and may be increased to match the lost ESA(CB).
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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