transfer from incap benefit to esa

skinnylizzie

Advice please.I have been in receipt of incapacity benefit since 1997 when I was diagnosed with M.S.I also have DLA at med rate care and high rate mobility since 2003.Because I was invalided out of my job in 1997 I have also been the grateful recipient of my occupational pension since that time.In the last 12 months I have also suffered with cancer and recieved chemotherapy.
The dreaded brown envelope for transfer from IB to ESA arrived this week followed by a telephone call from the job centre to enure that "I understood"the letter.They are sending the questionaire out to me.
It is my understanding from my own research that I will not receive any ESA at all because of the level of my private pension.I am in very poor health and certainly not able to return to work in any capacity.I do not feel that I can cope at all with the stress of this and accept that my incap will stop in any event.If I can't/don't fill in this form does anybody know if will it affect timing/decision of any future review of my DLA?
Thank you.

Poppa_G

my understanding is, if you're placed in the support group you will stay on contribution based esa and not income based. This said, your pension may take you over the limit that the gov say you need to live on, so you may lose some hb or ctx benefit. Don't think dla has anything to do with your ib/esa.

HB58

Poppa_G wrote: »

my understanding is, if you're placed in the support group you will stay on contribution based esa and not income based. This said, your pension may take you over the limit that the gov say you need to live on, so you may lose some hb or ctx benefit. Don't think dla has anything to do with your ib/esa.

Even on contributary ESA, a private pension will reduce (or even negate) the amount received.

mikey_bach

As said if you go on to Contribuition ESA, support group you will be able to stay on this an my understanding is you have transistional
protection

Currently customers who claimed IB or SDA before April 2001 or are entitled to the highest care component of Disability Living Allowance do not have their benefit reduced if they have occupational pension or private income. In contrast ESA customers have half of any occupational or private pension over £85 per week deducted from their benefit. For example a person with a pension of £100 a week, would have their ESA reduced by £7.50 a week.
Anyone who currently benefits from the existing provision that disregards any occupational or private pension in their award of IB or SDA will continue to have this ignored when they transfer to ESA.

If I understand this correctly, you're in the clear - if you claimed IB before April 01 your pension won't reduce your benefit when you migrate to ESA.

skinnylizzie

Thank you for your replies.I know that I will lose the incap benefit,and that I am indeed fortunate to have my private pension.I had not realised that it was means tested until the transfer letter arrived.I have always paid tax on it.My next problem will be the DLA assesment to transfer to PIP.I am very concerned that by not complying with the IB/ESA transfer requests for information, forms,medicals etc.that DLA review will go badly for me in the future.?

skintmacflint

As Mikey pointed out, as you were on CB IB prior to 2001 the fact you have an occ pension won't affect your receipt of CB ESA if you transer over successfully.

If after an assessment or looking at your form, you are put in the WRAG group , then you will only receive it for 365 days, however if you are placed in the Support Group it will continue as long as you remain classed for that gorup.

So it's not pointless filling out the ESA form and sending it back. Many people are approved for ESA , both WRAG or Support group , based solely on the information they put on the form, and aren't called for assessments.

Don't know if you not complying with ESA forms could affect your DLA renewal, but imagine some helpful knowledgeable poster on MSE will drop by to help later.

I never cease to be amazed how resourceful and helpful the posters on this site are.

skinnylizzie

Thanks again for your posts.I will have to try and fill the forms in,possibly with some help from CAB/Disability Solutions.It just seemed that if I was unlikely to receive anything in the end , the whole inquisition from ATOS was not warranted, particularly as I feel so poorly.I will now give it my best shot.

skintmacflint

You can fill in an ESA form online and save it as you go. It's a good idea to read up on the ATOS descriptors use when awarding points before you start filling in the form. The assessment isn't a medical assessment as such , it's a capability assessment, looking at whether you have any capability of doing even part time work.

You can also find the Work Capability Assessment Handbook which assessors use when awarding points for the different 'descriptors'. Helps you understand the logic (or lack of!!) behind the questions.

Can't post a link as I'm hopeless with PC's but you can find it by googling

DWP WCA Handbook , and taking the DWP link.

Keep a copy of your form before posting off. Hope it goes well for you.