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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Is IB to ESA transfer old or new style ESA?

 

Andrew Hamilton
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(i) Money Adviser's (ii) Leicester Money Advice, Leicester

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Total Posts: 3

Joined: 24 June 2010

We have a client who still on IB and has an upcoming medical to consider ESA transfer. The huge delay in his case was due to missed medical where good cause was accepted on appeal and IB is being paid clerically so he was likely the last in the queue to be transferred.

My query is that assuming ESA is awarded, whether this would be treated as old or new style contributions related ESA specifically because he would be entitled to an income related top up via SDP. My understanding is that this would only be possible if it is treated as old style ESA (but correct me if I am wrong!).

The client was getting IS before but this ceased and he does not know why. He was getting HB but this closed due to failure to provide income evidence, we have submitted a late reconsideration against this decision. If the reconsideration is accepted and HB reinstated this would attract a SDP so then no problems claiming income related ESA. Equally if HB recon is refused but we can get income related ESA via SDP this would allow a new claim.

Have discussed UC claim with the client but he wants to avoid this.

     
Charles
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Accountant, Haffner Hoff Ltd, Manchester

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Joined: 27 February 2019

No claim is required for ESA in conversion cases, and therefore he would be on old-style ESA, and would be able to get an income-related top up.

     
Vonny
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Welfare Rights Adviser, Social Inclusion Unit, Swansea

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Wouldn’t his IS have stopped as no longer entitled to claim on sickness grounds, were IS informed about the Tribunal decision?  Been so long but did it use to both be put back into payment, with arrears?