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IB or ESA which is preferable?

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13 years 1 month ago #48122 by keddi
IB or ESA which is preferable? was created by keddi
Nearly 12 months ago I failed my IB medical (after being on the benefit for 2 years). I appealed this and have my appeal date set for March.

When IB ended I was advised to go onto ESA which I did and I passed the medical for this in Oct last year. Some money was backdated but I am still out of pocket for a short period.

My question is, apart the extra money that might get backdated if my appeal for IB is successful, is there any advantage to going back to IB?

For example, am I less likely to get called back so quickly? Does the Tribunal Services set a date for when I need to be reviewed again?

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13 years 1 month ago - 13 years 1 month ago #48141 by Gordon
Replied by Gordon on topic Re:IB or ESA which is preferable?
keddi

I am sorry, but we cannot give specific advice to members.

That said, things that you should consider;

It is expected that IB claimants will be transferred to Contribution Based ESA, legislation published today, will limit it this to 1 year for members of the WRAG after which they will be eligible for Income Related ESA, subject to a means test.

The government have stated that those succesfully transfered from IB to ESA will not suffer financially, so if your IB payment is more than the ESA equivalent, your payements will be frozen at the IB rate until the ESA rate catches up.

A new, tougher WCA test is to be introduced in time for the main IB to ESA transfer.

There may be others, but off the top of head I can't think of them :)

Hope this helps

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 13 years 1 month ago by Gordon.

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13 years 1 month ago #48144 by DRAGON2009
Replied by DRAGON2009 on topic Re:IB or ESA which is preferable?
Here's an interesting one... If a claimants savings preclude them from ESA after 12 months, and they are receiving a protected IB rate at that stage.... they live off their savings until they manage to qaulify for ESA asa fresh claim... Hey presto... they suddenly get ESA rate not their old IB rate, if they got the IB age related addition, then their 'fresh' ESA would be aroujnd £20 a week less than they got before

Its a wicked anomoly that is going to hit perhaps tens of thousands of people.

Dark times

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  • bitplayer
13 years 1 month ago #48152 by bitplayer
Replied by bitplayer on topic Re:IB or ESA which is preferable?
Here's another:

If you have a working partner you are entitled to IB, but if you are migrated to ESA you lose all entitlement

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13 years 1 month ago #48156 by Gordon
Replied by Gordon on topic Re:IB or ESA which is preferable?
bitplayer wrote:

Here's another:

If you have a working partner you are entitled to IB, but if you are migrated to ESA you lose all entitlement

This is incorrect.

If you are eligible for ESA(CB) then the claim is only applicable to you and does not take into account your partner.

If you can only receive ESA(IR), whilst the claim will be extended to your partner, if they earn less than the limit and work less tha 24 hours per week, would still be eligible.

Gordon

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

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  • bitplayer
13 years 1 month ago #48158 by bitplayer
Replied by bitplayer on topic Re:IB or ESA which is preferable?
Thanks for that Gordon, it means an extra year's leeway, but as for other criteria it's a no go

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