Incapacity benefit...confused.

gooligan

Starting to get worried for my brother,he has been getting Incapacity benefit and DLA for about 7 years after a work accident,he recently received a letter saying they would telephone him to ask how he was doing and ask him some questions,they never rang but sent form ESA 50 to fill out.
He chucked it in the bin after reading saying ESA was only for new claimants but I read it and it did say if he doesn't fill it in he could lose his benefits.I've looked on the direct.gov website and it does say this,hence the confusion.
Anyone help please?

<H4>Incapacity Benefit

Incapacity Benefit and Income Support, paid because of an illness or disability, has been replaced with Employment and Support Allowance for new claimants only.
If you already receive Incapacity Benefit, you will continue to receive it.


http://www.direct.gov.uk/en/DisabledPeople/FinancialSupport/Introductiontofinancialsupport/DG_10020535
</H4>

Torry_Quine

Everyone on IB is being assessed for ESA so it's essential that he fills in the form and sends it back, he may well be sent for a medical as well. ESA is either of two groups, support and WRAG where it is supposed that with help at some point he will be able to return to work. Also it may be restricted to one year beore being based on income.

Whatever else he has to complete the form or his IB will stop.

sueturnersmith

All people on Incapacity Benefit are being moved to ESA, which also means they will have to conform to the ESA rules which are different to IB.

He will need to complete the ESA50 form or he will indeed lose his benefit.

nannytone_2

eventually everyone on incapacity benefit and those on income support through ilness or disability will be transitioned over to ESA.
tell your brother to phone ESA and request another form.
failure to comply CAN result in benefits being withdrawn.

gooligan

Many thanks for the quick replies but I'm still confused as to why the government website states that he will continue to receive it,he is taking that as gospel and I fear it's going to bite him on the bum.

Torry_Quine

gooligan wrote: »

Many thanks for the quick replies but I'm still confused as to why the government website states that he will continue to receive it,he is taking that as gospel and I fear it's going to bite him on the bum.

I would think it means that you will continue to get IB until you have been assessed for ESA. Even when on IB he will have been reassessed

MrsManda

gooligan wrote: »

Many thanks for the quick replies but I'm still confused as to why the government website states that he will continue to receive it,he is taking that as gospel and I fear it's going to bite him on the bum.

If you read the page specifically about Incapacity Benefit it does say that everyone on IB is being reassessed for ESA. It may be worth showing this to your brother.

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_10018913

NASA_2

gooligan wrote: »

Many thanks for the quick replies but I'm still confused as to why the government website states that he will continue to receive it,he is taking that as gospel and I fear it's going to bite him on the bum.

He will continue to receive it until he is no longer entitled - which he wont be if he doesnt complete the form.

Get him to google 'IB-Reassessment' to confirm this.

mrmca

I was on IB, and i got moved onto ESA, when it says ESA is for new claiments, it means IB doesnt exists any more unless you were already on it. This means new claiments cant apply for IB as it doesnt exist, they have to apply for ESA. If you were already on IB you continue to get your money for being on IB, but at some point before 2014 everyone on IB will be moved onto ESA, JSA, or Work, as IB doesnt exists.

It sounds like what happend to me is heppening to him, i was on IB, i got an ESA form, Had to fill it in, and then went for a medical, if you fail the medical, you get moved onto JSA, you can appeal, if you lose the appeal you will go onto JSA, if you are on IB and dont send the form back, i believe they just stop the money and they dont move you onto ESA, he will be on nothing with no money ( i have even heard of cases where if you get turned down for esa it can affect your DLA too), he will then have to apply for JSA himself. If you get turned down for ESA you are not allowed to apply for it for the same condition for either 6months or a year?

gooligan

3 months further on and it just gets worse.I posted our kids form for him on the 30th November,according to the reminder letter he was sent it had to be in for the 7th Dec.He has been refused whatever benefit it is because they said it should have been in by the 28th November.He appealed,telling them they had the dates wrong and sent the letter from ATOS as proof stating the 7th Dec as to when the form had to be in.He also sent a copy of the ESA 50 form that he had filled in,signed and dated 30th Nov
The appeal was rejected because it was not received by the 28th Nov and the paperwork put together for the tribunal by the job center is missing this piece of evidence he sent from ATOS proving they had the dates wrong.
I am beginning to think they are deliberately withholding this evidence now they know they got the dates wrong and are hoping it will go away,the letter from the tribunal says the case wont be held before October,10 months away.
What does he do now please?
He has a company pension of £120 per month and thats it now,his benefit stopped at the end of Jan.
Any advice would be gratefully received.

Muttleythefrog

Hmmm surprised they haven't backed down upon sighting the ATOS letter (perhaps they have conveniently lost it)... it seems irrefutable evidence that they gave (new) deadline for returning ESA50. I'm confused as to what to advise here as situation isn't entirely clear... not quite sure what you appealed against (the WCA decision which presumably was fail... or decision to reject ESA50 on grounds out of time) but presumably you have the original letter (or copy) regarding the date from ATOS and you could send a copy to the tribunals service so that it will be part of the evidence used. Not entirely with it yet today... but in normal circumstances ESA assessment rate (same as JSA) can be claimed under cover of sicknotes while awaiting appeal but I'm not sure if normal circumstances apply here... I understand failure to return ESA50 can prevent this and not sure how pension affects this. If you don't get any sound advice here I'd advise seeking legal advice ASAP... CAB, Welfare rights etc. Get together any supporting medical evidence regarding the descriptors for ESA... assuming he is appealing the Work Capability Assessment (WCA) decision this could be important in convincing the tribunal of his claimed problems. May also be worth taking a copy of the directgov webpage which was extremely misleading and delayed his completion of the ESA50 in the first place.