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Top Incapacity related benefits topic #4295

Subject: "Better off on ESA" First topic | Last topic
suewelsh
                              

Adviser, Citizens Advice Shropshire
Member since
27th Jan 2004

Better off on ESA
Wed 02-Sep-09 06:39 PM

I have a client who is potentially better off on ESA than IS paid as sick due to the more generous PW rules.

If he wanted to, how would he move from IS to ESA? Seems to me that he can't withdraw his claim and immediately claim ESA because his claim will be linked, or will it?

  

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Replies to this topic
RE: Better off on ESA, cpuddephatt, 03rd Sep 2009, #1
RE: Better off on ESA, stevenm030, 03rd Sep 2009, #2

cpuddephatt
                              

LSC Welfare Benefits Caseworker, Rochdale C.A.B.
Member since
17th Sep 2008

RE: Better off on ESA
Thu 03-Sep-09 10:31 AM

In a similar vein, where a client is waiting for an IB appeal hearing, if they make a claim for ESA instead of claiming reduced rate IS, will the ESA be treated as a "brand new claim" and be paid pending a WRA assessment, or will it not come into payment until the client has had a WRA assessment? My clients seem to be waiting for some time for the ESA claim in these circumstances to come into payment, and I am wondering whether these 'pending IB appeal' clients are being treated differently from a straightforward new claimant.

Sorry to high jack this thread, but it seems very closely related!

  

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stevenm030
                              

welfare rights officer, dundee city council welfare rights
Member since
06th Jun 2008

RE: Better off on ESA
Thu 03-Sep-09 10:49 AM

on the first point i would be wary of switching the claims. i am assuming by pw you mean permitted work. if your client makes a claim for esa they will almost certainly have to have one of the new medical assessments carried out. our experience so far is that even more people are being cut off benefit at this point and i would say there is a greater risk of this if the person is also working.

obviously you will know the client better than me but i would consider this as once the is is gone its gone for good.

on the second as far as i know there is nothing to stop the esa claim.

  

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Top Incapacity related benefits topic #4295First topic | Last topic