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11 years 4 months ago #96028 by Gordon
Olivia / Dave

The point I am trying to make on this is that you are entitled to receive IB until a Decision on your ESA transfer is made. If that Decision is found to to be unsound, then a new Decision has to be made, in which case your IB payments should be re-instated.

You should not be receiving the Assessmnet rate because the law says that claimants being transferred to ESA do not need to go through the Assessment phase as a new claimant would, and you should not be receiving it because of you appealing a Fit for Work Decision because (i) the appeal has been lapsed, and (ii) the Fit for Work Decision has been found unsound. You can't be paid either of the full ESA rates, as you have not been placed in the WRAG or SG, so the only thing left is your original IB payments.

Gordon

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

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