From IB to ESA. Worried!!

mikeandcaz

I have heard that from Oct 2010 that all people who claim IB are going to be interviewed and put on ESA, and I am worried.


My son [whos 22] claims IB and has a life award, he has Autism and sever learning disabilities, he cannot read or write or speak for himself he knows a few words and says yes to every question because he doesnt understand them (eg. Are you the King? He will say yes). He has the mind of a child. He attends the local day centre for adults with learning disablitites.

I am worried that he will be called in for an interview and asked if he wants a job, he will of course say yes even though he doesnt know what the word job means when they change him over to ESA. Also being in a room with strangers would really stress him out, before and after a meeting and he wouldn't be able to calm down or sleep for days (he take anti anxiety tablets on a daily basis and the psycologist he says he will take them for life), if stressed he also hits and bits himself [he draws blood when he bites himself]

He also has a life award for DLA both care and motability high rate [granted when he was 16 yrs old]

Will I be able to attend for him with the relevant medical papers??

Any one have any idea? thank you.

I hope I have put this in the correct section.

suelees1

It's only a small pilot which starts in October 2010. Generally it will start properly in Feb 2011 and the DWP hopes to complete it by March 2014 (but not those who are on IB credits only).

In the main the date you're converted will be the review date for your next PCA but it can be done at a time other than this.

Mikeandcaz I assume your son is exempt from the PCA and if so for claimants in his position there isn't yet any indication of when they will migrate/convert from IB to ESA.

I know you must be worried and yes of course you can always attend interviews or assessments with him if they ask him to undergo one of these.

Howver if he's exempt now he will also probably be exempt from the work capability assessment for ESA so if he doesn't fit in one of the usual exempt categories he will probably come under following:-

Exceptional circumstances


If the claimant is not 'exempt' or otherwise treated as having limited capability for work, and does not score enough points, s/he can still satisfy the test if because of the claimant's illness, there would be a substantial risk to the mental or physical health of any person were they found not to have limited capability for work. This exceptional circumstance is the same one as applies in the PCA, and arguably the case law that applies to it should apply here.

tazwhoever

Thanks Suelees1

What are the conditions/illnesses for exempt for ESA?

mikeandcaz

suelees1 wrote: »

It's only a small pilot which starts in October 2010. Generally it will start properly in Feb 2011 and the DWP hopes to complete it by March 2014 (but not those who are on IB credits only).

In the main the date you're converted will be the review date for your next PCA but it can be done at a time other than this.

Mikeandcaz I assume your son is exempt from the PCA and if so for claimants in his position there isn't yet any indication of when they will migrate/convert from IB to ESA.

I know you must be worried and yes of course you can always attend interviews or assessments with him if they ask him to undergo one of these.

Howver if he's exempt now he will also probably be exempt from the work capability assessment for ESA so if he doesn't fit in one of the usual exempt categories he will probably come under following:-

Exceptional circumstances


If the claimant is not 'exempt' or otherwise treated as having limited capability for work, and does not score enough points, s/he can still satisfy the test if because of the claimant's illness, there would be a substantial risk to the mental or physical health of any person were they found not to have limited capability for work. This exceptional circumstance is the same one as applies in the PCA, and arguably the case law that applies to it should apply here.

Thank you so much suelees1.

Yes he is exempt from PCA.
You have eased our minds a great deal, I can stop worrying for now...

Thanks again

I tried to press your thanks button, but for some reason it wont let me.

[Deleted User]

The pilot area for esa from ib will be greater manchester,if you live elsewhere the chnage should happen when ib is next due for review(or possibly earlier in some cases),if you want a long read about esa heres the link,it is worth reading

http://www.ssac.org.uk/pdf/employment_and_support_allowance_regs.pdf

ChishyChoshy

"Where people who are eligible for ESA receive more on existing incapacity benefits than the appropriate ESA rate, their existing rate of benefit will be frozen (transitionally protected) at the point of conversion and eroded by annual uprating."

Oh that will be popular

richard9991

ChishyChoshy wrote: »

"Where people who are eligible for ESA receive more on existing incapacity benefits than the appropriate ESA rate, their existing rate of benefit will be frozen (transitionally protected) at the point of conversion and eroded by annual uprating."

Oh that will be popular

this happened when invalidity benefit became incapacity benefit

sunnyone

richard9991 wrote: »

this happened when invalidity benefit became incapacity benefit

That didnt happen to me and Im still on more that the highest IB, I claim invalidity and have done since 1992.

Its happening now, they are reducing the additional pension I get with IB for my contributions made before my accident and it started last year.

Of course those on means tested benefits arnt affected, they never are.

richard9991

sorry thinking of when they went from supplametary ben to income support 1988 i think

happy_lass

suelees1 wrote: »

It's only a small pilot which starts in October 2010. Generally it will start properly in Feb 2011 and the DWP hopes to complete it by March 2014 (but not those who are on IB credits only).

In the main the date you're converted will be the review date for your next PCA but it can be done at a time other than this.

Mikeandcaz I assume your son is exempt from the PCA and if so for claimants in his position there isn't yet any indication of when they will migrate/convert from IB to ESA.

I know you must be worried and yes of course you can always attend interviews or assessments with him if they ask him to undergo one of these.

Howver if he's exempt now he will also probably be exempt from the work capability assessment for ESA so if he doesn't fit in one of the usual exempt categories he will probably come under following:-

Exceptional circumstances


If the claimant is not 'exempt' or otherwise treated as having limited capability for work, and does not score enough points, s/he can still satisfy the test if because of the claimant's illness, there would be a substantial risk to the mental or physical health of any person were they found not to have limited capability for work. This exceptional circumstance is the same one as applies in the PCA, and arguably the case law that applies to it should apply here.

whats PCA ?

happy_lass

mikeandcaz wrote: »

I have heard that from Oct 2010 that all people who claim IB are going to be interviewed and put on ESA, and I am worried.


My son [whos 22] claims IB and has a life award, he has Autism and sever learning disabilities, he cannot read or write or speak for himself he knows a few words and says yes to every question because he doesnt understand them (eg. Are you the King? He will say yes). He has the mind of a child. He attends the local day centre for adults with learning disablitites.

I am worried that he will be called in for an interview and asked if he wants a job, he will of course say yes even though he doesnt know what the word job means when they change him over to ESA. Also being in a room with strangers would really stress him out, before and after a meeting and he wouldn't be able to calm down or sleep for days (he take anti anxiety tablets on a daily basis and the psycologist he says he will take them for life), if stressed he also hits and bits himself [he draws blood when he bites himself]

He also has a life award for DLA both care and motability high rate [granted when he was 16 yrs old]

Will I be able to attend for him with the relevant medical papers??

Any one have any idea? thank you.

I hope I have put this in the correct section.

reading this is like a mirror image of my daughter who is severely autistic, struggles to put 2 words togeather, bites herself , is on various medication to keep her calm etc etc. yes she is on high rate IB and DLA for life too.