IB/ESA conversion process

When someone on Incapacity Benefit is transferred to ESA they qualify for C-based ESA.  Am I right in assuming that someone on IB, who fails the WCA and appeals and wins, will still qualify for C-based ESA?  I can’t find this specifically in CPAG or Advisernet. Please can you enlighten me?

“Am I right in assuming……”

Yes.

Yes you are right.

See Regulation 6(1) and Schedule 1of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (SI 2010 No. 1907).

Note the following however:

1. Such a person’s ESA award (if not in support group) will be time limited to 1 year.

2. Anyone who has received an inadequate notice as discussed here: http://www.cpag.org.uk/content/unnoticed-flaw-esa-conversion-decisions can argue on appeal against a negative conversion decision (or even a positive one) that:

a) The SSWP had no power to issue a conversion decision.

b) I should therefore remain entitled to IB (regardless of how many points for ESA I might have got).

3. If such an argument succeeds IB is restored. The SSWP has to start the notification procedure again and effectively the time limiting of ESA has not bitten quite so early.

The limited feedback we have had so far, suggests the argument is often succeeding and that thus far the DWP do not appear to have appealed (which should not be taken as an indication they agree the argument is sound- it may be they just don’t want it tested generally).

Martin

Yes they will be entitled to ESA contribution-based if successful on appeal.  Award will be time-limited for a year from the date of the conversion decision, if placed in the work-related activity group.  Should where possible make case for them being placed in support group, especially if they would not qualify for income-related ESA after the 12 month period.

Thank you all!