Incapacity ESA

Does anyone know if those migrating from IB to ESA will have their ESA stopped after the welfare reform bill becomes law, if they have been receiving IB for more than 12 months, or does the 12 month rule only start the moment they are migrated to ESA? I have two friends in this position. thanks

Mel wrote:

Does anyone know if those migrating from IB to ESA will have their ESA stopped after the welfare reform bill becomes law, if they have been receiving IB for more than 12 months, or does the 12 month rule only start the moment they are migrated to ESA? I have two friends in this position. thanks

Hi M,

See here, :

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=70444#70460

The 365 day limitation on Contributory WRAG ESA will be enforced retrospectively, ie,

If someone was awarded Con WRAG ESA at the beginning of November 2011 the 5 months of receipt prior to the law coming into force in April 2012, would be taken off the 365 days limit, so they would have around 7 months entitlement left.

Anyone in receipt of Con WRAG ESA on or before April 2011, would lose their entitlement as soon as the law comes into force in April 2012, as they would already of had their 365 days entitlement.

Hope this clarifies for you.

bro58

MOD EDIT : writing reply same time as Gordon just a slow coach.