Conversion to ESA - Questions and more Questions!

Simon7685

So it has finally arrived..........

I got the phonecall this morning (Saturday!) to advise me that I was being migrated to ESA and a form was being sent out.

I have some understanding of this process, having spent many hours looking around various sites over the last few months, however I have some questions that I could do with some help please.

I currently get IS on disability grounds, also the disability premium. Now I understand that the same amount of money will be paid to me every week whilst I under go the assessment phase. Or am I mistaken?

Again I understand that this assessment phase involves me completing and returning the form and then attending for the ATOS medical (I use that term very loosely). After this they will then decide my fate and it is at this point I am struggling to find definitive answers for some scenarios.

If I am awarded ESA, then I go into either the work related group or the support group, I understand that.

If it is the support group I will get an extra amount paid on top of my regular money each week and be left alone. I think this is correct, or am I mistaken?

If I am put into the work related group, then they will make me carry out the work focused interviews and I will continue on the same amount of money I receive now each week, is this correct?

Now if I am refused ESA (which I know most people are) I understand that I either apply for JSA or Appeal the decision not to award me ESA. What happens as regards my money if I do appeal?

What worries me more than anything is I have been reading horror stories of people who are forced onto JSA because they take away most of your money when you appeal, can anyone tell me if this correct or not?

For clarification I currently get Income Support @ the couple rate (both over 18) and the couple disability premium.

Thanks in advance.

rogerblack

To pick up on some points.

On conversions there is not any assessment phase.
You go from IS to main-phase ESA (either support or work-related) with no gap.
(Or indeed are found fit for work)

Once one of these three things happen, you're in a similar position to someone who's just had their ESA decision.
If you fail to get ESA, you can appeal, and get the assessment rate.
Once you get ESA, you are on the same amount as IB, but the money will not increase annually until the rate of ESA is higher.

HB58

You seem to have done a fair amount of research nd grasped the situation pretty thoroughly.

In answer to your questions - transitional arrangements mean that, as long as you have not been found fit for work, you will continue to receive at least as much as you do now - until such a time as the ESA payments are more than you are currently getting. I don't know whether the support group payments are more or less than you get now. If more, you would get the extra if put into the Support Group.

If you are found fit for work, you would be paid the assessment rate of ESA while you appeal, as long as you submit 'Fit notes' from your GP to cover this period. There is no need to repay these if the appeal does not find in your favour, payment will be backdated to the day after your IB ended if the appeal did go your way.

If placed in the Support Group you would not have to attend Work Focused Interviews or take part in the Work Program unless you volunterred to do so. Hence you would be 'left alone' until the time of your next assessment (which could be anywhere between 3 months and 3 years).

I know someone who was transferred straight into the Support Group without a medical, so it does happen.

Just a word of warning. You will be given 'Contributary' ESA, this is limited to 365 days for those not in the support group. After this time you would either be entitled to income related ESA or lose the benefit.

Simon7685

Thanks for the info guys, it is appreciated.

I wasn't aware that there was no assessment phase included on a conversion, does this mean that the decision will be made quicker than it otherwise would?

Regarding contributary ESA....... I don't understand how I could get contributary rate. I have been on Income Support on disability grounds for the last 6 and1/2 years. I thought contributory rates were for people who had paid their contributions through their employment? A bit like the old Unemployment Benefit system.

HB58

People who have been on IB are being migrated onto (C) ESA despite their lack of NI contributions.

The lack of the assessment phase just means that you won't have to manage on the assessment rate money, it won't neccessarily speed up the time it takes to make a decision on your case.

savvygranny

Hello HB58 . . . you have given a variety of useful info to members.

Is it wrong of me to ask what type of disablement the person you knew went straight on to support group rate had ?? . . the family member I am concerned for has an organic heart problem and been on IB for 20+ years. Any possible help on what various disablements have been successful or if any longer term claimant's going straight on to support group would be greatly appreciated.

Cpt.Scarlet

HB58 wrote: »

People who have been on IB are being migrated onto (C) ESA despite their lack of NI contributions.

And because the OP is receiving Income Support due to Incapacity they will be migrated to ESA(IR)!!!

HB58

Oops, I missed that!

Simon7685

Thanks again for all the info guys. I feel a bit more comfortable now I saw you missed that I was on IS on disability grounds and not IB, I was worried there for a while......

I know that the majority of people are disallowed irrespective of what disabilities or illnesses they have, so I fully expect I will end up in that position myself.:( I have had to go to appeal for my last 2 DLA claims both of which were refused but overturned at appeal.

HB58, when you say I will be paid at the assessment phase rate if/when I end up down the appeal route, can you tell me what that amounts to? Is this just a single persons rate of ESA even when you are a couple? Also would I continue to get my disability premium paid during an appeal, or is that stopped?

I am in a strange position due to my DLA being up for renewal at the same time as this migration, so expect to be fighting 2 battles at the same time here.

Thanks for all your help

rogerblack

Simon7685 wrote: »

can you tell me what that amounts to? Is this just a single persons rate of ESA even when you are a couple? Also would I continue to get my disability premium paid during an appeal, or is that stopped?

http://www.benefitsnow.co.uk/esa/rates.asp - no, it's the couples rate, with no additional 'support, or work-related' component.
The disability premium should continue to be paid.

Supernatural

I'm in the same sort of boat really, just had my change over medical from IS to ESA 2 weeks ago and awaiting decision. Just to clarify what you say Roger, I get the disability premium on my IS that you got after being on it for being unable to work for 365 days (about £30'ish) and this would carry on being paid if I don't pass the medical and appeal would it? Sorry for thread hijacking but this point is something I'm also worried about