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ESA MIGRATION LEGISLATION PRIOR TO 1995

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3 years 2 months ago #266453 by Shampus
Hi everyone

Could someone please help me with regards to the name of the legislation bill regarding ESA contribution based, if you were claiming Invaldity benefit, Incap benefit, without any break in my benefits and being continuous. I have been taxed since 2014 and I am trying to claim back tax because of this ruling because I was told DWP had lost my records, which turned out not to be true. I now have proof and it has been sent off to HMRC but if someone could help me please, I would be grateful. Thanks. Charmaine

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3 years 1 month ago #266532 by Gary
Replied by Gary on topic ESA MIGRATION LEGISLATION PRIOR TO 1995
Hi timmy

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

Your question is outside the remit of the forum, I have had a look on the web and found the following which may be of some help; www.legislation.gov.uk/uksi/1992/585/made, www.legislation.gov.uk/ukpga/1994/18/cro...g/incapacity-benefit

Members on the forum may be able to give you more information.

Gary

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

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3 years 1 month ago #266541 by Shampus
Replied by Shampus on topic ESA MIGRATION LEGISLATION PRIOR TO 1995
Hi Gary

Thank you ever so much for providing the links which are incredibly kind of you. I did try to look for previous questions on the subject I had asked but obviously looking in the wrong place, so my apiologies for that. It's been a long time since I've been on the forum, but I will familiarize myself more now with the site. A big thank you again for your help. Charmaine

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3 years 1 month ago #266549 by Gary
Replied by Gary on topic ESA MIGRATION LEGISLATION PRIOR TO 1995
Hi timmy

There was an article today on Welfare Rights website rightsnet; www.rightsnet.org.uk/welfare-rights/news...-incapacity-benefits, to read the article you may have join.

I enclose a link for more information, see Over 118.000 people denied compensation from DWP after benefits error cut payments from ombudsman.org.uk: www.ombudsman.org.uk/dwp-esa

Gary

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

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3 years 1 month ago #266552 by Gordon
Replied by Gordon on topic ESA MIGRATION LEGISLATION PRIOR TO 1995
Timmy

The issue that Gary is referring to is the failure by the DWP to check whether IB claimants being converted to ESA were eligible for an ESA(IR) payment in addition to ESA(CB), about 118,000 claimants are believed to be affected.

You can't read articles o RightsNet without being a member and only Welfare Rights staff can join (for an annual fee).

I see to remember, we're going back to 2012 so forgive me if my memory is incorrect but I think that some IB claimants had the benefit (IB) exempted from their tax liability, this exemption was not carried forward into ESA on transfer.

All ESA(CB) payments are liable to tax, although individual circumstances may mean that no tax is actually payable.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Gary

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