Can anyone tell me whether the linking element to a previous incapcity benefit claim has been abolished. When applying for incapacity benefit currently. DWP tell me it has. I have seen something very recently about the issue .
They tell me I have to apply for NI contributionary ESA which even though they say its not means tested it is when calculating the sum they want to pay and its taxable income.
I have asked the DWP to investigate, but I do not really have confidence that they will give me the information I require.
Can anyone tell me whether the linking element to a previous incapcity benefit claim has been abolished. When applying for incapacity benefit currently. DWP tell me it has. I have seen something very recently about the issue .
They tell me I have to apply for NI contributionary ESA which even though they say its not means tested it is when calculating the sum they want to pay and its taxable income.
I have asked the DWP to investigate, but I do not really have confidence that they will give me the information I require.
The IB linking rules were rescinded in January of this year. The ESA Transitional Regulations do not provide a link from ESA from IB.
If you gave up your IB claim to work and subsequently found you were unable to continue doing so, then your only option is to make a new claim for ESA. This can be ESA(CB) is you meet the requirements for suitable NI credits, or ESA(IR) if you are not eligible for ESA(CB) and you satisfy the associated means test.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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