Incapacity Benefit Linking rules - concerned

XFACTOR wrote:

Most claimants receiving IB or ESA on mental health grounds is taking an substantial risk with their future benefit entitlement. All activities, paid or unpaid are useful ammunition in any quest to find someone fit for work within theb criteria that applies . If it were me, I would not go near this unless I had inn writing, and independently verified, that linking rules apply

I am sure you are absolutely correct here. The catch 22 though is that the only way to see if working in an appropriate job role will be possible with my mental health is to try it. I've just about managed doing 2hrs a day on supported permitted work, but although I have now taken the decision to cease my IB and increase my hours I feel extremely vulnerable, especially without the linking rule. I would much rather be fit and well and not have to claim benefits, but I have to live with the fact that I will probably suffer from mental health all my life. At least no one can say that I havn't tried my best to get back into the workplace even if it does fail.

choogle wrote:

I wrote a letter to my local MP in Sept 2010, which she then forwarded to the DWP. The response I rec'd in a letter dated 26 Oct came from Chris Grayling. Since the linking rules were one of the issues I raised I'll quote from the letter what was said re: linking:

[On] the issue of linking rules. I can confirm that where, on or after 31 January 2011, a customer who is not in receipt of an incapacity benefit puts in a claim to such a benefit, this will automatically be treated as a new claim for ESA. As the incapacity benefits are being abolished, it follows that any linking of claims will be to ESA and not back to a previous award of an incapacity benefit.

...there is to be no change to linking rules within ESA themselves ...[and] theswe rules are intended both as an easement, to ensure that the customer is not unreasonably penalised if there is a short break in their claim - (this is the 12-week rule) - and to provide reassurance to the customer who leaves benefit to pursue work or train that, if it does not work out, they can return to the benefit on the same financial position as when they left - (this is the 104-week rule)

So if I understand correctly the problem is that I am on IB not ESA. Had I already been on ESA the 104 linking rule would still have applied. It all seems very detrimental to people to even attempt a return to work if they are in receipt of IB

IT2Go4IT wrote:

choogle wrote:

I wrote a letter to my local MP in Sept 2010, which she then forwarded to the DWP. The response I rec'd in a letter dated 26 Oct came from Chris Grayling. Since the linking rules were one of the issues I raised I'll quote from the letter what was said re: linking:

[On] the issue of linking rules. I can confirm that where, on or after 31 January 2011, a customer who is not in receipt of an incapacity benefit puts in a claim to such a benefit, this will automatically be treated as a new claim for ESA. As the incapacity benefits are being abolished, it follows that any linking of claims will be to ESA and not back to a previous award of an incapacity benefit.

...there is to be no change to linking rules within ESA themselves ...[and] theswe rules are intended both as an easement, to ensure that the customer is not unreasonably penalised if there is a short break in their claim - (this is the 12-week rule) - and to provide reassurance to the customer who leaves benefit to pursue work or train that, if it does not work out, they can return to the benefit on the same financial position as when they left - (this is the 104-week rule)

So if I understand correctly the problem is that I am on IB not ESA. Had I already been on ESA the 104 linking rule would still have applied. It all seems very detrimental to people to even attempt a return to work if they are in receipt of IB

Yes, it seems so.

Until people are migrated, those still on Incapacity Benefit will lose their linking provision from January.

If they attempt work and it doesn't work out, they have to apply for ESA from scratch.

So, between January and their eventual migration time, it does seem IB claimants no longer have the linking protection. Not really an inducement to even attempt to work in my own view for those in that position.

Pete

I am currently on IB and have been considering trying a few hours a week, perhaps in the Spring.

If I were to do this, I too would find myself in a vunerable position if it didn't work out. Not sure what to do now.

Hi
no I think the answer is that the 104 week linking rules if you come off IB to start work still exists, but from end of january 2011 any re-claim under those linking rules can only be treated as a claim for ESA (not a claim for IB).
So you will get the benefits of a linking claim (treated as incapable/limited capability for 13 weeks) but you will receive ESA rather than your old rate of IB. It's likely that the ESA you would be entitled to would be less than your old IB, so I think you would then get a 'transitional protection' top up, to ensure that your weekly benefit would be paid at the rate you used to receive.
After 13 weeks you would be assessed for ESA (under the WCA) in the usual way.

not quite what you were promised when you came off IB, but the 104 protection is still there.
The ESA conversion regs are here www.opsi.gov.uk/si/si2010/uksi_20100875_en_1
We don't yet know if the WCA test itself will be changed before conversion proper begins in march/april 2011.