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Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

IS claimant told to migrate to ESA

Andrew Dutton
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Welfare rights service - Derbyshire County Council

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I’ve got someone on IS who has received a letter telling him that DWP is phasing out Incapacity Benefit/SDA and IS and he needs to claim new benefit called ESA.

The letter is dated 10.11.22.

Are they serious?????

C Browne
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Macmillan Cancer Support

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They are seriously out of date - willl that do?

Andrew Dutton
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Welfare rights service - Derbyshire County Council

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Here is the body of the letter,.

NB the Further Information

I shall spend the rest of my Friday afternoon wondering if DWP has been invaded by time travellers with a roguish sense of humour.

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Andrew Dutton
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Welfare rights service - Derbyshire County Council

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Response from DWP:

‘All these type of cases were due to be migrated to ESA(IB) and the action as started in 2021 due to Income Support soon to become obsolete. [there has been a delay owing to the pandemic]’ - and this is why they want a WCA.

What mechanism still exists to migrate anyone from IS to IRESA????

[ Edited: 17 Nov 2022 at 03:34 pm by Andrew Dutton ]
Andrew Dutton
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Welfare rights service - Derbyshire County Council

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Update: they are still insisting the claimant needs to migrate to ESA. I have written to DWP to ask how this can be done, what legal mechanism exists to claim IRESA. They have not replied but have again threatened the claimant with having his benefits stopped if he does not attend WCA.

Any thoughts?

Andrew Dutton
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Welfare rights service - Derbyshire County Council

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Update on the update - still no reply.

DWP still setting WCA dates and not answering any questions.

Client gets 2xSDP, couple rate Disability Premium, couple EDP and is better off on IS than on either IRESA or (by a long chalk without managed migration) UC.

.

Mark Willis
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Welfare rights worker - CPAG in Scotland

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Andrew Dutton
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Welfare rights service - Derbyshire County Council

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Total Posts: 1952

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Thanks Mark - as far as I can see the case I have in mind misses out on this, as their IS claim was made when it was the right claim to make, and there was no ESA at all at that time.

DWP has simply never (in all these years) picked up the case and moved it to IRESA, then in 2021 or later it writes to the claimant saying ESA is a brand-new benefit, so get claiming.  I think DWP used a template letter from 2010-11, without appropriate revisions. 

DWP have still not answered my questions, more than six months on.