Incapacity to ESA

shopaholic2

Hi, so I'm currently waiting to hear about my transfer to ESA from incapacity benefit.
A friend of mine who has currently gone through this said after she was initially awarded nothing, she appealed and is now in the support group, however, during the appeal time (18 months ish?), she was still paid her incapacity benefit.

Is this right? That they still pay you whilst appealing? I've done this twice before, when I was last reassessed for incapacity,and for DLA, and both times I lost the benefit but once it was re instated I got back pay.

So, I'm asking, which is right? If they either turn me down for ESA, or put me in the wrag group, and I appeal,Will I still be paid?

Many thanks
S

iluvmarmite

If you are appealing an ESA decision you will get the basic rate which is £71 and you have to send in fit notes from your GP untill the appeal is heard.

I have never heard of anyone getting the full rate of IB whilst appealing ESA but that's not to say it doesn't happen, just I've never heard it as its always usually the basic ESA rate you get when appealing.

Robbie64

^

This is correct, you get the basic rate ESA if you appeal. However if you are put in the WRAG and appeal against this you will get full ESA paid with a work related activity component along with any transitional addition that may be payable if your IB was higher than ESA.

shopaholic2

Thanks, so, potentially I could get the same amount as I'm getting now? Incapacity + long term + age related additions, currently approx £110 per week?

rogerblack

If you go from IB paid at a higher rate, to ESA, paid at a lower, you are entitled to transitional protection.
This means you're paid the same amount as IB, until the ESA rate rises catch up.
Unless there is a change of circumtances.
If you appeal the initial decision to place you in the work-related, not support group, you will still receive the original amount (same as IB) during the appeal.
If you appeal a decision that you are fit for work, you will receive the assessment rate of ESA.

shopaholic2

Thanks Roger, you've helped loads, all of you :-)