Question.

xsunnysuex

If you are transfered from IB to ESA, then fail the medical. Then win on appeal at the tribunal.
Do you get your benefit backdated from when you transfered? Or do you lose the first 13 weeks after transfering?
Any help appreciated.

mikey_bach

If you get transferred from IB to ESA you have protected rights and would get the same amount of ESA as you did on the old IB claim.

If you fail the medical and appeal it you would get the appeal rate, but if you won the said appeal you would get the arrears paid from the date of the new ESA claim not thirteen weeks.

Because it would link and be treated as a continuos claim,

You won your appeal and this says you should have gone over from IB to ESA at the time.

Your protected rights will continue till there is a break in claim again.
EG you fail a future medical and dont win appeal, then it would be a new claim...

xsunnysuex

Thank you. That is perfect.

rogerblack

As an additional clarification - with a migration - there is no 13 week assessment period.
You either move from one benefit directly to ESA, or you move to the appeal rate of ESA if you are turned down and appeal.

There isn't an assessment period at all in the normal '13 weeks after the start of claim' sense.