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Thread: IB to ESA

  1. #1
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    IB to ESA

    Hi

    I was on IB,was assessed for ESA,got 0 points,did Mandatory Reconsideration,failed that.
    I am appealing.
    My question is should I not be on ESA reduced rate rather than the JSA I am on?

    Thanks in advance.

  2. #2
    Senior Member AmyS's Avatar
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    Quote Originally Posted by zakisbak View Post
    Hi

    I was on IB,was assessed for ESA,got 0 points,did Mandatory Reconsideration,failed that.
    I am appealing.
    My question is should I not be on ESA reduced rate rather than the JSA I am on?

    Thanks in advance.
    Curious when you completed the ESA form did you provide paperwork, evidence from GP, Consultants etc?

    I was on Incapacity Benefit and when I was sent the ESA form provided all the relevant paperwork. Did not attend any medical and was placed directly into ESA Support.

  3. #3
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    Yes,I supplied what relevant paperwork I had.

  4. #4
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    If you have been on JSA during the mandatory reconsideration period you need to inform DWP that you wish to go onto ESA assessment rate during the appeal. You will need to provide fit notes.

    You can remain on JSA if you wish.

    https://www.citizensadvice.org.uk/be...ort-allowance/

  5. #5
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    Thanks,a clear answer!

    Just remembered,I have asked DWP that I wish to go onto ESA assessment rate during appeal.
    I was categorically informed that I would have to remain on JSA.
    This was face to face by reception DWP person at local Job Centre,and by telephone to DWP.
    Last edited by zakisbak; 20-05-15 at 14:01.

  6. #6
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    OK
    I was deliberately misinformed.
    Incredible.

    I have just been told to get sick note,produce at Job Centre,and shut down JSA claim.

  7. #7
    Senior Member nukecad's Avatar
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    Quote Originally Posted by zakisbak View Post
    OK
    I was deliberately misinformed.
    Incredible.

    I have just been told to get sick note,produce at Job Centre,and shut down JSA claim.
    I noted that this was probably going to start happening in a thread last week.

    http://www.youreable.com/forums/show...ll=1#post84067

    New legislation that came into force on 30 March 2015 states that REPEAT claims for ESA have to stay on JSA and cannot claim ESA assessment rate even when waiting for appeal.

    This does not apply to new claims or transfers from IB; these are still entitled to go back onto assessment rate after MR whilst waiting for the tribunal hearing.

    As I suspected though they are trying to tell everyone that they have to stay on JSA in the hope that they don't know the law.

    (Its probable that the front line advisors have been told everyone has to stay on JSA and don't know any better themselves).
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  8. #8
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    If DWP workers don't know the rules they shouldn't be doing the job ! Ignorance is no excuse, the rules are clearly laid down in manuals that all officers can access. ��

  9. #9
    Senior Member nukecad's Avatar
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    Quote Originally Posted by Alaska View Post
    If DWP workers don't know the rules they shouldn't be doing the job ! Ignorance is no excuse, the rules are clearly laid down in manuals that all officers can access.
    Not in this case, its new, its only mentioned in a couple of Decision Makers memos.
    Hasn't made the manuals yet.

    Jobcentre desk jockeys (and DWP phone jockeys) will only know about it what, if anything, their supervisors have told them, who will only know what their supervisors have told them, etc.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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