Transfer of ESA(c) From Northern Ireland

Would seek some guidance on this as never came accross this situation before.

Client was in receit of contributions based ESA in Northern Ireland. In NI this is administerd by The Department for Social Development…...not the DWP.

She has moved to UK and informed that ESA CANNOT be transferred from NI to UK. A new claim must be made in the UK.

This was duly done…..and refused on the basis that she does not satisfy the contributions test. (not surprising given she was on esa for several years).

It seems unfair that linking rules do not apply. All my research todate would indicate that the information given by DWP is correct. Anyone know different???

Hi Neil,

We’ve had the same problem here in NI but the other way round: person moves from GB to NI, can’t transfer C(ESA) and a new claim fails as the person can’t satsify the contribution conditions.

It comes down primarily to the fact that the social security reciprocal agreement between NI and GB doesn’t cover ESA.

We had managed to raise this problem with the DSD here and they had agreed to put in a place a extra-statutory scheme to make payments in lieu. Took a bit of a battle and all credit goes to one of my colleagues here who did all the work on it.

The letter we recieved about it indicated that the intention was to change the law to allow (C)ESA to be transferred but until it changes, these extra statutory payments would be made for those who transfer from GB to NI or vice versa.

It might be worth writing to your ESA branch and asking for her case to be considered under this scheme. If you’re having difficulty speaking to the right person (it’s half the battle in these things!), then I can try to see if I can find out from this side who would be dealing with it in Scotland?

One thing to highlight would be that in NI, we don’t currently have the 12 month restriction on (C)ESA entitlement. I don’t know if they would try to argue that as she’s been getting ESA in NI for more than 12 months, she shouldn’t be entitled to it now in GB. There’s arguments against such an approach but with it being an extra-statutory scheme, challenging a refusal will be more difficult.

Hope that helps and let me know if you encounter any problems!

I’ve recently had a similar enquiry about someone on ESA in NI moving to Scotland and being told they need to make a new claim. While this seems correct, as Lee42 says there is supposed to be an extra-statutory scheme in place for those who were getting cESA (this is thanks to the Law Centre in NI’s raising of this issue) and move either way. I’ve contacted DWP to get confirmation of how the scheme works from their end and what claimants might need to do to alert DMs to the fact that they might qualify for the scheme - I’ll post something further once I get a response which hopefully will be any day now.

Lee and hkrishna many many thanks for your informed replies.

I had read of the extra-statutory payment scheme in NI but found nothing similar in this end.

I will hold fire for now and await hkrishns’s update in due course. We may find a way round this :)

Once again thanks for the invaluable advice.

Hi Neil,

Just received the following extracts from DWP guidance:

Currently ESA is not included in the Reciprocal Arrangements between Great Britain (GB) and Northern Ireland (NI) which means that claimants moving between GB and NI have to make a new claim on arrival in their new location. This can result in a reduction in benefit.
2. The Reciprocal Arrangements are being amended to include ESA (C). Until then, extra-statutory payments can be made to restore the claimant to the level of ESA (C) that they received in Northern Ireland.
3. ESA (IR) will not be included in the Reciprocal Arrangements and therefore a new claim will still need to be made when a claimant previously receiving ESA (IR) only in NI moves to GB.
Referral of cases
4. Where it is identified that an extra-statutory payment may be appropriate, a referral should be made to the Special Payments Unit, Admin Team, Glasgow Northgate Benefit Centre.
5. The referral should be made using Ex-Stat Referral Form (NI) which can be emailed to the Special Payments Unit Admin Team at JCP Clyde and Fife BCD SPU Admin Team.
Question - Also, what is the position regarding income-related ESA?
Answer - ESA (IR) will not be included in the Reciprocal Arrangements and therefore a new claim will still need to be made when a claimant previously receiving ESA (IR) only in NI moves to GB.

Hope that is of use.

Many thanks hkrishna.

One point….where do we obtain The Ex-Stat Referral Form (NI)???