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  • FIRST POST
    • NewHoizons
    • By NewHoizons 20th Apr 17, 6:09 PM
    • 2Posts
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    NewHoizons
    Won my Incapacity benefit claim.
    • #1
    • 20th Apr 17, 6:09 PM
    Won my Incapacity benefit claim. 20th Apr 17 at 6:09 PM
    Hi there.
    I was stopped my benefit in December after an assessment and have gone through the appeal process and on the 18th of this month I won the appeal and the tribunial stated I am entitled to ESA with work related activity component.
    Now the question I have is: When I lost my benefit I saw somewhere that if I passed the assessment I would get the same amount of money I was getting on Incapacity. Not sure if that is true or, if it is true, then would I be getting the same amount now I have won the appeal?
    Hope someone here can help shed some light on this for me.
    Thanks in advance.
Page 1
    • Alice Holt
    • By Alice Holt 20th Apr 17, 6:27 PM
    • 994 Posts
    • 1,063 Thanks
    Alice Holt
    • #2
    • 20th Apr 17, 6:27 PM
    • #2
    • 20th Apr 17, 6:27 PM
    1) You should be put back to the same situation had the DWP made the correct decision at assessment. So payments will be backdated to the date ESA was stopped (less any JSA or other benefit payments received in that period).

    2) As you are moving from IB to ESA, you should benefit from transitional protection. So, when claimants who are eligible for ESA received more on incapacity benefits than the appropriate new ESA rate, their existing rate of IB benefit will continue to be paid at the point of conversion.

    https://www.disabilityrightsuk.org/how-we-can-help/benefits-information/incapacity-benefits-migration
    • NewHoizons
    • By NewHoizons 20th Apr 17, 6:33 PM
    • 2 Posts
    • 0 Thanks
    NewHoizons
    • #3
    • 20th Apr 17, 6:33 PM
    • #3
    • 20th Apr 17, 6:33 PM
    Thanks Alice. That puts my mind at ease.
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