Claiming Income Support Instead of ESA?

Roxy07

Be gentle..

Entitled to Income Support on other grounds
Some people may be getting Income Support for incapacity but also be entitled to it on another ground. For example as a carer or lone parent.

They can choose to stay on Income Support instead of going onto ESA. Or if they fail the ESA assessment they can get Income Support on the other qualifying ground. DWP say they will tell claimants when this applies to them. People who choose to stay on Income Support in this way will lose the Disability Premium if the only reason they qualify for it is through incapacity.

newcastle.gov.uk/benefits-and-council-tax/welfare-rights-and-money-advice/incapacity-benefits-reassessment

I currently get a IB "top up" of IS which is £50 a week, if I get rejected for ESA would I still be able to claim IS and get my IS topped up for the amount my IB was or atleast "the legal amount a person the laws says they need to live on" ?? I'm confused..

[Deleted User]

I think the big issue round this is that if you fail the move to esa then your dla may be re-assessed as a result(not always but it seems to happen)
ad of course for some UC isnt far away

cockaleekee

Roxy07 wrote: »

Be gentle..

Entitled to Income Support on other grounds
Some people may be getting Income Support for incapacity but also be entitled to it on another ground. For example as a carer or lone parent.

They can choose to stay on Income Support instead of going onto ESA. Or if they fail the ESA assessment they can get Income Support on the other qualifying ground. DWP say they will tell claimants when this applies to them. People who choose to stay on Income Support in this way will lose the Disability Premium if the only reason they qualify for it is through incapacity.

newcastle.gov.uk/benefits-and-council-tax/welfare-rights-and-money-advice/incapacity-benefits-reassessment

I currently get a IB "top up" of IS which is £50 a week, if I get rejected for ESA would I still be able to claim IS and get my IS topped up for the amount my IB was or atleast "the legal amount a person the laws says they need to live on" ?? I'm confused..

If you are only receiving it by virtue of your entitlement to IB, then you cannot continue to claim it if you fail the WCA. If you are eligible to claim by reason of being a carer or a lone parent you can continue to claim IS, however your award will be lower.

The only circumstance where a failed WCA would prompt a DLA review is if the process highlighted significant inconsistencies in your claim.