- Posts: 34
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- Moving from old style contributory employment and support allowance to new style
× Members
Moving from old style contributory employment and support allowance to new style
- just
- Topic Author
- Offline
Less More
9 months 1 week ago #286603 by just
Moving from old style contributory employment and support allowance to new style was created by just
Hi
I wondered if anyone could kindly shed light to my question if possible.?
I currently claim Old style contributory ESA and a war pension together with Transitional Protection from the change over to Incapacity Benefit so The £85 rule is totally disregarded and I keep both in full.
If I was to move to New Style Contributory Esa would I be able to Keep my Transtional Protection in full or would it refer over to the £85 Rule?.
Kind Regards Jc
I wondered if anyone could kindly shed light to my question if possible.?
I currently claim Old style contributory ESA and a war pension together with Transitional Protection from the change over to Incapacity Benefit so The £85 rule is totally disregarded and I keep both in full.
If I was to move to New Style Contributory Esa would I be able to Keep my Transtional Protection in full or would it refer over to the £85 Rule?.
Kind Regards Jc
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51290
9 months 1 week ago #286604 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Moving from old style contributory employment and support allowance to new style
J
Good and bad news.
The good news is that we are not aware of any plans to move legacy ESA(CB) claimants to New Style ESA providing they are not also receiving legacy ESA(IR). This may change but is very unlikely to do so in the short term.
The bad news, having just gone through the NS ESA legislation and amendments, is that I cannot see anything that continues the disregard for NS ESA. however, there is plenty of time for this to change.
Gordon
Good and bad news.
The good news is that we are not aware of any plans to move legacy ESA(CB) claimants to New Style ESA providing they are not also receiving legacy ESA(IR). This may change but is very unlikely to do so in the short term.
The bad news, having just gone through the NS ESA legislation and amendments, is that I cannot see anything that continues the disregard for NS ESA. however, there is plenty of time for this to change.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: just
Please Log in or Create an account to join the conversation.
- just
- Topic Author
- Offline
Less More
- Posts: 34
9 months 1 week ago #286605 by just
Replied by just on topic Moving from old style contributory employment and support allowance to new style
Thankyou Gordon for your reply.
If i was to stay on Legacy ESA with no change in circumstances and I was moved onto UC in the future through Managed Migration would the £85 Transitional Protection still apply?
(UC) transitional protection.
As "Transitional Protection is an extra 'transitional' amount which tops up your Universal Credit award so that you are not substantially worse off when you move onto Universal Credit."
Thanks again Jc
If i was to stay on Legacy ESA with no change in circumstances and I was moved onto UC in the future through Managed Migration would the £85 Transitional Protection still apply?
(UC) transitional protection.
As "Transitional Protection is an extra 'transitional' amount which tops up your Universal Credit award so that you are not substantially worse off when you move onto Universal Credit."
Thanks again Jc
Please Log in or Create an account to join the conversation.
- Gary
- Offline
Less More
- Posts: 8013
9 months 1 week ago #286611 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Moving from old style contributory employment and support allowance to new style
Hi just
You don't just move on to Universal Credit, you have to apply when you get the invite letter, if you apply before hand then you will not get the transitional protection.
We cannot give you an exact answer to your query asit depends on numerous conditions which we are not privy to, we would advise you to seek advice from your local Welfare Rights Organisations; advicelocal.uk .
Gary
You don't just move on to Universal Credit, you have to apply when you get the invite letter, if you apply before hand then you will not get the transitional protection.
We cannot give you an exact answer to your query asit depends on numerous conditions which we are not privy to, we would advise you to seek advice from your local Welfare Rights Organisations; advicelocal.uk .
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51290
9 months 1 week ago #286615 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Moving from old style contributory employment and support allowance to new style
j
Your pension is disregarded in regard to ESA(CB), Transitional Protection is something entirely different.
There is no disregard for your pension(s) in regard to means-tested benefits, so your pension would be deducted £ for £ from legacy ESA(IR) and UC.
Gordon
Your pension is disregarded in regard to ESA(CB), Transitional Protection is something entirely different.
There is no disregard for your pension(s) in regard to means-tested benefits, so your pension would be deducted £ for £ from legacy ESA(IR) and UC.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David