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ESA query

  • bro58
11 years 9 months ago #109688 by bro58
Replied by bro58 on topic ESA query

mo68 wrote: Thanks for your response. I found the information and had come to the same conclusions. The only thing that I still have hope on is that his ESA (CB) seems only to have started from May this year. I'm assuming if this is the case and the DWP just took ages to move him to this benefit that the 365 days run from then and not from when ESA was introduced in 2012.

I do find it difficult to believe that he was receiving any kind of contribution based benefit as I think he has been on some sort of incapacity benefit for about 8 years. Not sure how he can have any NI contributions that would still allow for ESA (CB).

Thanks for your help although it's not the answer I was looking for the site is very informative ..... once I found the right bits.

Morag


Hi m,

All IB recipients that are successfully converted to ESA would receive CB ESA.

The major difference between IB and CB ESA in the WRAG is that one is only entitled to 365 days payment of CB ESA in The WRAG.

What will I be transferred to?

From our : IB, IS, SDA, Migration to ESA FAQ’s

bro58

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11 years 9 months ago #109689 by Gordon
Replied by Gordon on topic ESA query

mo68 wrote: Sorry just to be clear. If his ESA didn't start til April 2013 then he should still be receiving ESA (CB) until the end of the 365 day period?


If his IB stopped and his ESA started in April 2013, then the 365 days should start from then.

Gordon

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

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  • bro58
11 years 9 months ago - 11 years 9 months ago #109690 by bro58
Replied by bro58 on topic ESA query

mo68 wrote: Hi sorry got the wrong benefit it was Income Support he had before and it ran right up to a letter in May this year saying he was being changed to ESA. I take it this means he should still be receiving ESA (CB) for 365 days from the letter informing of the change?


Hi mo68,

If your partner was previously in receipt of IS, and not IB then IS was means tested also.

A claimant who is in receipt of IS would be entitled to IR ESA if successfully converted to ESA, not CB ESA.

Your partner may have been in receipt of IB with IS top-ups as a result of Disability Premiums or other personal circumstances.

If they were in receipt of IS only, on the grounds of incapacity, then they would be entitled to IR ESA only.

What will I be transferred to?

However, as previously stated, your hours of work and added household income may preclude any such payments of IR ESA.

bro58
Last edit: 11 years 9 months ago by bro58.

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