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Top Incapacity related benefits topic #4307

Subject: "Current IB claimants and WCA" First topic | Last topic
crazyfeminist
                              

Welfare Rights Adviser, City and County of Swansea
Member since
19th Sep 2007

Current IB claimants and WCA
Tue 08-Sep-09 12:36 PM

Hi- I should probably know this but can someone help me out?

Are current IB claimants with medicals coming up being subjected to the PCA or the WCA? Or will it not be the WCA until next April? And am I correct in thinking that those claiming IB in Youth are already being 'migrated over' to ESA Youth and undergoing the WCA?

Thanks

  

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Replies to this topic
RE: Current IB claimants and WCA, Jane80, 09th Sep 2009, #1
RE: Current IB claimants and WCA, Tony Bowman, 09th Sep 2009, #2
      RE: Current IB claimants and WCA, Jane80, 09th Sep 2009, #3
           RE: Current IB claimants and WCA, Tony Bowman, 11th Sep 2009, #4
           RE: Current IB claimants and WCA, dundeelaw, 24th Sep 2009, #5
           RE: Current IB claimants and WCA, Ben Adviser, 24th Sep 2009, #6
                RE: Current IB claimants and WCA, Jane80, 24th Sep 2009, #7
                     RE: Current IB claimants and WCA, dundeelaw, 25th Sep 2009, #8
                          RE: Current IB claimants and WCA, nevip, 26th Oct 2009, #9
                               RE: Current IB claimants and WCA, dundeelaw, 28th Oct 2009, #10
                                    RE: Current IB claimants and WCA, nevip, 28th Oct 2009, #11
                                         RE: Current IB claimants and WCA, dundeelaw, 03rd Nov 2009, #12

Jane80
                              

Welfare Rights Officer, Notts County Council
Member since
27th Mar 2008

RE: Current IB claimants and WCA
Wed 09-Sep-09 07:51 AM

My understanding is that for as long as you are on IB or IS it is still the PCA.

In theory they are going to migrate under 25s onto ESA first, and so they will come then come under the WCA, but I have a feeling this is going to be rather like the IS/CTC migration. Our local office didn’t seem to be of the opinion that migration was going to happen any time soon.

  

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Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

RE: Current IB claimants and WCA
Wed 09-Sep-09 12:11 PM

The last I heard is that the WCA will apply to all claimants sometime in 2013, with under 25's being subjected to it from April this year. I don't know if that's happening yet becuase I've not seen any clients that fit the bill.

  

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Jane80
                              

Welfare Rights Officer, Notts County Council
Member since
27th Mar 2008

RE: Current IB claimants and WCA
Wed 09-Sep-09 01:01 PM

It isn't happening yet round here.

I think the plan was to migrate under 25s over to ESA by April 09, with everyone else being transferred by 2013. But this process doesn't seem to have even started.

Claimants would have to be migrated over to ESA before the WCA could apply to them.

If someone is still on IS or ICB I don't think that their award could be stopped because they fail the WCA - only the PCA could apply.

  

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Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

RE: Current IB claimants and WCA
Fri 11-Sep-09 08:51 AM

"Claimants would have to be migrated over to ESA before the WCA could apply to them."

My understanding is that migration to ESA will not occur, only that the WCA will apply in place of the PCA. New regs will be required either way.

  

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dundeelaw
                              

WRO/LA/FIO, Dundee North Law Centre
Member since
24th Sep 2009

RE: Current IB claimants and WCA
Thu 24-Sep-09 12:02 PM

I also understood it was yet to occur - but it is happening here and the JC+ telephone workers won't accept there is no regulation to allow it - unless I missed something? Tom

  

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Ben Adviser
                              

Adviser, Newcastle CAB
Member since
18th Aug 2009

RE: Current IB claimants and WCA
Thu 24-Sep-09 02:53 PM

Interesting point.

I have a client who failed PCA for his ICB. Claimed ESA in meantime. Won his appeal but before ICB repaid to him, a decision was made that he failed the WCA for his ESA.

Now, can I argue that the later ESA claim and failure decision are made irrelevant becuase of the successful ICB PCA decision in the tribunal?

Many thanks

  

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Jane80
                              

Welfare Rights Officer, Notts County Council
Member since
27th Mar 2008

RE: Current IB claimants and WCA
Thu 24-Sep-09 03:00 PM

@ BenAdviser, my view is that there are no regs that allows a person's IB or IB credits to be stopped based on a WCA. ESA is a completely separate benefit with separate criteria. What explanation have the JC+ made for not implementing the tribunal’s decision?

The IB regs would have to be changed before the WCA could affect someone’s entitlement to IB.

@Dundeelaw, what exactly is the local JC+ doing?

  

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dundeelaw
                              

WRO/LA/FIO, Dundee North Law Centre
Member since
24th Sep 2009

RE: Current IB claimants and WCA
Fri 25-Sep-09 07:36 AM

JC+ in Clydebank are transferring clts to ESA who have been on ICB or IVB and it is only after the event has occurred and some other issue eg arrears in rent do we establish this has happened - it is only in a couple of cases that we know about where this has happened. The Principal Solicitor is about to go ballistic. Tom

  

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nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Current IB claimants and WCA
Mon 26-Oct-09 11:08 AM

The power to lay regulations can be found in schedule 4, paragraph 7 of The Welfare Reform Act 2007.

  

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dundeelaw
                              

WRO/LA/FIO, Dundee North Law Centre
Member since
24th Sep 2009

RE: Current IB claimants and WCA
Wed 28-Oct-09 07:32 AM

Yes I understand this however my own research and CPAG e-mail advice are not aware of any regulations which permit the movement. However perhaps I have missed something?

  

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nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Current IB claimants and WCA
Wed 28-Oct-09 09:25 AM

No regulations have yet been laid.

  

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dundeelaw
                              

WRO/LA/FIO, Dundee North Law Centre
Member since
24th Sep 2009

RE: Current IB claimants and WCA
Tue 03-Nov-09 09:43 AM

Thanks for the response. I have on one case requested a late appeal or revision of the decision to move a clt with a mental health problem ( and the care of young children under age of 9 ) from IB to ESA. One month on and correspondence ignored. Chaser sent with suggestion that if the JC+ don't reply within set time scale then I will have no option to seek directions( new trib rules) from Tribunal chair. Any other suggestions?

  

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