IB TO ESA Support Group. Smooth Transition but I will be paid more. Advice pls.

nannytone_2

it is quite normal for the transition date to be upto a month after the decision has been made.
personally i know more people that receive benefit higher than the ESA rate after transition from incapacity benefit.
do you have any other household income?
addition premiums are paid with income based ESA, but they can be received by someone on conts based ESA as a 'top up' if there is no other household income

vanilla_twist

nannytone wrote: »

it is quite normal for the transition date to be upto a month after the decision has been made.
personally i know more people that receive benefit higher than the ESA rate after transition from incapacity benefit.
do you have any other household income?
addition premiums are paid with income based ESA, but they can be received by someone on conts based ESA as a 'top up' if there is no other household income

Thank you.
No there is no other household income I live alone.
It appears I am on both contribution based and income based ESA.

All the paperwork I have seen until now warned what would happen if IB was more than ESA which I suppose for a lot of people living in a household with others it would be.
I now have a better understanding of the system.

The bit that threw me was where it says, 'the assessment was based on what the law says you need to live on'. I now know this is the law after esa. Seems wrong that there are different amounts as my circumstances have always been the same.
The difference is not a small amount either which is why I was querying it, wondering how the law can be right for IB and ESA.

I must thank all for helping me figure this out.
V x

Crazy_Larry

Apologies if you have already done this, but this is an enquiry you need to take to your local CAB for professional advice.

Mr_Lawnmower

vanilla_twist wrote: »

the increase will be from 5 weeks after medical and 3 weeks from decision. This in itself seems strange

The aforementioned regulation 13 The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (SI 2010/1907) gives the payability date of the new decision. When the decision is made, DWP pay one complete fortnight after the current fortnightly period at the old rate, then switch to the new rate. This helps prevent short term financial problems for those whose payments are stopping completely.

Mr_Lawnmower

Crazy_Larry wrote: »

Apologies if you have already done this, but this is an enquiry you need to take to your local CAB for professional advice.

I'm a great supporter of Citizen's Advice, also of people verifying advice they are given rather than relying on it. However, most CAB advisors are volunteers, as a lot of the professional welfare rights workers have been let go after the withdrawal of Legal Aid funding for most benefits matters in April 2013.

I've already given a complete answer to the original question asked, referenced back to the legislation (which anyone can link through to and read themselves). However, anyone in any doubt about their position should consider seeking an entitlement check with a local advice provider to check they are claiming everything to which they are entitled.

Morglin

Crazy_Larry wrote: »

Apologies if you have already done this, but this is an enquiry you need to take to your local CAB for professional advice.

Well, if they can't answer the query, then they can point people towards a community Lawyer, who will, no doubt, be au fait with any possibility of proceeding with any sort of claim.

Many ESA payments are higher than IB payments were, and as I remember the government saying they often would be, it seems that this was thought out before implementation.

My IB migration to ESA left my payments exactly the same - simply because I am contribution based alone, and was still getting an age addition premium on my IB.

Lin

SPELLKASTER

I was on long term incapacity benefit and was moved over to contributions based ESA support group.

My benefit payment remained the same £110 per week.

I live with a partner so I cant claim anything else it sucks that I have lost the disability premium which would have meant an extra income for me of £53 per week.

rogerblack

vanilla_twist wrote: »

The bit that threw me was where it says, 'the assessment was based on what the law says you need to live on'

This is a very unfortunate bit of language - it's meant to be 'easy to read' - but it just misleads.
What it actually means is 'This is what the law specifies we must pay a person in your circumstances'.

It has nothing to do with actual living costs.