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Migration from ICB to ESA (C) will I lose all my benefit due to my insurance?

Contribution Based ESA and Income Protection Policy
I have severe anxiety and depression due to CFS and have just been told that I am to be migrated to ESA. I have been on ICB since the end of April 2001. I have an Income Protection Policy which has never affected the ICB payments.

My partner cannot work due to an inoperable brain tumour and so we have come to rely on our benefits and IPP as we have no other option.

From looking at the regs it would seem that even if I fight to get into the support group due the risk of relapse and the risk of my depression becoming dangerous as it has in the past when I have pushed myself too far, I will not receive any esa payment due to my IPP.

I am alarmed at this prospect as I now feel I am trapped in a system where the goal posts have changed and it has nothing to do with the state of my health.

Is this the case?

Comments

  • Tally-Ho_2
    Tally-Ho_2 Posts: 369 Forumite
    edited 28 April 2012 at 7:07AM
    Rachiblui wrote: »
    Contribution Based ESA and Income Protection Policy
    I have severe anxiety and depression due to CFS and have just been told that I am to be migrated to ESA. I have been on ICB since the end of April 2001. I have an Income Protection Policy which has never affected the ICB payments.

    My partner cannot work due to an inoperable brain tumour and so we have come to rely on our benefits and IPP as we have no other option.

    From looking at the regs it would seem that even if I fight to get into the support group due the risk of relapse and the risk of my depression becoming dangerous as it has in the past when I have pushed myself too far, I will not receive any esa payment due to my IPP.

    I am alarmed at this prospect as I now feel I am trapped in a system where the goal posts have changed and it has nothing to do with the state of my health.

    Is this the case?


    The rules covering such as Income Protection Policies, Permanent Health Insurance Policy payments etc are notoriously difficult to work out. In most cases it depends whether these benefits were provided by ones employer(s), or whether they were taken out and paid for by an individual.

    Also certain people may be covered by Transitional Protection from way back in 2001 from which point onwards it was deemed certain 'Income Protection' or PHI policies maybe classed as overlapping with the then Invalidity/Incapacity Benefit and thus cause ones IB payments to be reduced or even wiped out by the income.

    Although the general mantra is that if payments were ignored under Incapacity Benefit they should be ignored under Contributory ESA, it is not always the case. It may be worth getting some individual 'face to face' help from a CAB or similar in order to establish your exact position with regards to these payments.
  • Thanks for that. I don't want to drag myself through the whole process and all the stress involved if I would come away with absolutely nothing at the end of it.

    I will take some advice and take it from there.

    Thanks
  • HB58
    HB58 Posts: 1,787 Forumite
    1,000 Posts Combo Breaker
    Before you decide not to drag yourself through the process, you need to check whether you have enough NI credits for your state retirement pension. NI credits will continue as long as you have an underlying entitlement to ESA, even if you are not actually getting any money.
  • just a thought but doesnt the insurance payout depend on you being able to claim and claiming ib then esa?
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