Incapacity Benefit (Youth) to ESA

Ma99ieM wrote: This question is partly what prompted the correspondence with the DWP in the first place! My son turned 25 earlier in the year and we were worried that his benefit would just stop, so I wrote to ask. He was sent the application form for ESA in November 2012, we spent ages filling it in and were told he would be put in the Support group, only to be told subsequently that the migration had been a mistake and that he was being put back on IB(Y).

One of the big problems is that it is almost impossible to find detailed IB information on the internet any more, I have tried searching for information on what should happen to someone receiving IB (in Youth) after they pass the age of 25 (normally the maximum age) but cannot find any answers.

Gordon

Ma99ieM

When you phone the DWP call centre you are talking to DWP employees that have limited knowledge as to how the ESA system works unfortunately, in some cases, less knowledge than they think they have, this is an area that they will have no experience of so you should ask to speak to a Customer Manager about the situation.

CM's have more working knowledge than the call centre staff, but I would still not expect them to be able to help you with this problem themselves, but they will know who to contact about it. To speak to a CM you will have to wait for a call back, it should be within 3 hours if you phone in the morning and could be first thing the next day if it is the afternoon.

I would suggest two approaches, either that IB (in Youth) is included in the definition of IB in regard transfer to ESA or that your son should have been moved to IB from IB (in Youth) when he reached 25, although I am less sure of this latter approach.

As to the legislation, it is not easy reading.

Start with The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010.

www.legislation.gov.uk/uksi/2010/875/contents/made

This links to the Welfare Reform Act 2007

www.legislation.gov.uk/ukpga/2007/5/contents

and then Social Security Contributions and Benefits Act 1992

lawvolumes.dwp.gov.uk/docs/a2-2501.pdf

Gordon