Skip to main content

Migration of incapacity benefits claimants to employment and support allowance - if you currently get IB READ this!

2 replies [Last post]
John
John's picture
Offline
Joined: 09/03/2008

From Rightsnet.org.uk - read carefully ...... especially the highlighted point (in blue) at the end.  Though this has been released in error and then unpublished. 

 

 

Migration of incapacity benefits claimants to employment and support allowance

New transitional protection regulations

 

Stop press (26 March 2010) - We have today received the following message from the DWP -

'The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations have not yet been laid before Parliament. Their appearance on the OPSI website yesterday was an error and they had been removed with immediate effect. A further update will be provided once the Regulations are laid. If you have imported the link to the draft that appeared yesterday please do not use itas it is possible that the Regulations may undergo further amendment before they are laid.'

Below is the text of the rightsnet news story as it appeared yesterday.

*****

New regulations have been issued in relation to the transitional protection of the amount of benefit being paid to incapacity benefits claimants when they are migrated to employment and support allowance (ESA) between October 2010 and March 2014. 

In force from 1 October 2010, the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 (SI.No.875/2010) provide -

  • where someone receives more from their existing benefit than the amount they would otherwise receive by way of ESA, this level will be frozen and they will receive a 'transitional addition' that will make their ESA up to the level of their old benefit entitlement until either the ESA rate catches up or 5 April 2020, whichever comes first; 
  • where someone's existing award is the same amount as the amount they would receive by way of ESA, they will get ESA at the same rate from the effective date of migration; and
  • where someone receives less on their existing benefit than the amount they would receive by way of ESA, they will receive the appropriate ESA rate as soon as they are migrated.

In addition, the regulations make related provision for claimants who are receiving housing benefit and/or council tax benefit.

anonymous (not verified)
anonymous's picture

im in reciept of dla and motability indeffenatley im hiv positve plus have several other illnesses does the new changes mean i will loses these

John
John's picture
Offline
Joined: 09/03/2008

Disability Living Allowance (DLA) is being replaced with a new disability benefit called Personal Independence Payment (PIP)<.  This is soon to be introduced for new claimants of working age.

For those already on DLA, there will be a migration to the new benefit, over a few years, for those of working age. This will mean a reassessment and may mean a form of medical assessment. 

Those over state retirement age are not, so far, affected by this change as they are not of working age.

As for if you will loose DLA, it will eventually be replaced.  Of course, with Personal Independence Payment (PIP)< what is awarded will be down to the unique nature of every case, caselaw, perfomance of the DWP and it subcontractors and thus one cannot say what will happen.

If you receive Incapacity Benefit (IB) then, with the migration underway, you will eventually be contacted.  The IB exemption as a result of claiming Higher Rate Care DLA doesn't apply to the replacement to IB, Employment and Support Allowance (ESA). 

You will eventually be sent forms to complete and may have to undergo a form of medical known as the Work Capability Assessment (WCA).

X