IB to ESA

Legacy_user

I have just been put on ESA support group from IB and was wondering if it is illegal having read the article below.

http://www.cpag.org.uk/content/unnoticed-flaw-esa-conversion-decisions

It States,CPAG are now aware that a number of cases, using the argument presented above,have succeeded at the First-tier Tribunal.

I also read an article where someone had been converted from IB to ESA and put in the support group.That person appealed that decision and won their case and was put back on IB.

UnderPressure

I do not get the issue here, surely you have had the best case scenario happen to you?

System

ESA is Taxable and classed as an income whereas IB isn't.

ESA less money than IB and the difference is made up to the IB amount till April 2014.After this time you only get what the ESA amount should be and nothing more.

Are you not reassessed every 6 month on ESA?

UnderPressure

To my knowledge IB is taxable and again as far as I know is also classed as income, the only thing that is dis regarded as far as I know is DLA.

System

UnderPressure wrote: »

To my knowledge IB is taxable and again as far as I know is also classed as income, the only thing that is dis regarded as far as I know is DLA.

But your not sure.

rogerblack

blowfelt wrote: »

I have just been put on ESA support group from IB and was wondering if it is illegal having read the article below.

http://www.cpag.org.uk/content/unnoticed-flaw-esa-conversion-decisions

It States,CPAG are now aware that a number of cases, using the argument presented above,have succeeded at the First-tier Tribunal.
.

This article is somewhat old.
Since it has happened, though this argument (that the conversion decision was invalid) - succeeded at first tier tribunal in several instances, leading to backpayment of the differences, it was eventually appealed by the DWP up to the upper tribunal.
At this, it was decided that the argument was without merit.
Any subsequent cases should properly follow this caselaw, and this argument should never succeed again, if the first tier tribunal is doing its job.
(Unless compelling arguments are found that the upper tier judgement was wrong)

In addition - fairly recently - Feb this year (?) - the conversion notice was changed.

TOBRUK

UnderPressure wrote: »

I do not get the issue here, surely you have had the best case scenario happen to you?

UnderPressure has a point here, you have been transferred from IB to ESA in the SUPPORT GROUP. Were you placed in the SUPPORT GROUP based only on the ESA50 form or did you have to go to assessment?

Whatever the process you have had the best outcome possible. I was placed in WRAG and asked for reassessment and a few months past before I received a letter stating that I had been successful and placed in SUPPORT GROUP. All that was exhausting and stressful in itself.

IB to ESA
Blowfelt: I have just been put on ESA support group from IB and was wondering if it is illegal having read the article below.

Whether this is illegal or not, I am sure no one is going to challenge this who is unfit for work as it is quite enough to go through the process of applying or being transferred to ESA.

I have briefly looked at the article and I am not up to reading it properly, but I do not think that many will challenge this.

System

I did not have to go to an assessment,just filled the ESA50 form in and was put in the ESa support group.

There is a reason the government as changed IB to ESA which must favour the government and not the Sick.Can anyone guide me to that real reason for change these benefits.

rogerblack

blowfelt wrote: »

.Can anyone guide me to that real reason for change these benefits.

This is legally quite irrelevant, as long as the process was done correctly.
The government can change peoples entitlement, even though their condition does not change, if the law is properly written with a respect to all legislation and relevant treaties, and properly enacted.
I note that it was not the present government that began the change from IB->ESA.

lld01

blowfelt wrote: »

ESA is Taxable and classed as an income whereas IB isn't.

ESA less money than IB and the difference is made up to the IB amount till April 2014.After this time you only get what the ESA amount should be and nothing more.

Are you not reassessed every 6 month on ESA?

IB was taxable as well as ESA.

By April 2014 IB will not exist - your money will not drop

The reassessment times can vary from person to person depending on ATOS recommendations, so not necessarily 6 months

cheekipixi48

Hi,

Last year I was sent a book to fill in the ESA50, after much struggling I managed to fill it in and took it to dial house to look at, see if id missed anything, the gentleman stated he could not have filled it in any better.

I was then given an appointment for an assessment, it took me 3 tries before I actually attended (suffer severe panic attacks, cant go out alone etc etc) I had the assessment 26th NOvember 2012 and I heard nothing until a few months ago where I again received a form ESA50 to complete and return. I wrote and explained I had already done this last year, heard nothing, 3 letters I wrote and heard nothing until I received the date of an assessment. Again I wrote to exp[lain and I also enclosed the letters that I had already written and sent to them. The day after the assessment date I received a letter asking me to fill in a form as to why I had not truned up for the assessment. Again I wrote and explained, this was 3 weeks ago and still have heard nothing.

Has anyone else had experience of this please.

Many thanks