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Top Incapacity related benefits topic #5024

Subject: "stop press re ... migration to ESA" First topic | Last topic
shawn
                              

editorial director, rightsnet
Member since
28th Jul 2005

stop press re ... migration to ESA
Fri 26-Mar-10 09:45 AM

for those who saw our news story yesterday on the new transitional regs ... please see the stop press we've added today re the regs having been published to OPSI in error / that they've not yet been laid before parliament ....

Migration of incapacity benefits claimants to employment and support allowance: New transitional protection regulations

cheers - shawn

  

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Replies to this topic
RE: stop press re ... migration to ESA, shawn, 29th Mar 2010, #1
RE: stop press re ... migration to ESA, nedcab, 30th Mar 2010, #2
      RE: stop press re ... migration to ESA, nevip, 30th Mar 2010, #3

shawn
                              

editorial director, rightsnet
Member since
28th Jul 2005

RE: stop press re ... migration to ESA
Mon 29-Mar-10 05:32 PM

regs have now been laid ....

... plus see also plans for reform of the WCA announced today ..

Government announces changes to work capability assessment as part of new approach to tackling long term worklessness

(along with plans to reassess everyone currently on 'old style' incapacity benefits at a rate of 10,000 a week from October 2010!!)

  

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nedcab
                              

Welfare Rights, North East Derbyshire CAB
Member since
03rd Nov 2005

RE: stop press re ... migration to ESA
Tue 30-Mar-10 01:18 PM

Hi there

just read the issue re migration from I.B to E.S.A. I have a client who has won her I.B appeal recently but since getting the decision she has failed and E.S.A medical and D.W.P say she cannot get I.B now. I beleive this to be wrontg. D.W.P say new legislation in force from Jan 10 states client now has to have E.S.A with I.B top up.

Just read the stop press news and my understanding from it is that this is to applicable until 1st October 2010 is this correct?

Should my client still just be receiving I.B wit hno E.S.A?

Can anyone clarify please

kind regards

nigel

  

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nevip
                              

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

RE: stop press re ... migration to ESA
Tue 30-Mar-10 04:06 PM

Is this the DWP tying themselves in knots again? A person retains entitlement to ICB (all other things being equal) until he fails the PCA. If he subsequently wins his appeal by passing the PCA (and not merely by being treated as ICW thus staying on ICB for other reasons, i.e. under reg 27 of the IFW Regs ) then he remains entitled to ICB until he fails another PCA.

If he wins his appeal for other reasons then he still stays on ICB as long as the ground on which he won the appeal has not been superseded by a decision maker, for any of the usual reasons, change of circs, mistake as to material fact, etc.

In the meantime he fan fail WCA's until the cows come home. This does not effect ICB only ESA. The recent guidance issued, among other things, merely allows a person to get ICB and ESA at the same time as there is no statutory provision to prevent this, whereas a person cannot get ESA and IS at the same time (see the Welfare Reform Act 2007).

ICB and ESA are essentially overlapping benefits and subject to those rules determining which should be paid, with underlying entitlement to the other remaining. When entitlement to one is extinguished the other one is put into payment, without I hasten to add, a further claim being required.

  

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Top Incapacity related benefits topic #5024First topic | Last topic