IB to ESA - 14 week apply to backdated money?

**Mersey** · 22-09-12 16:22

I had been on IB for many years, suffered at the hands of ATOS in december last year, finally won my appeal this week.

My question is will i get my payments backdated until week 14 after the day my IB ceased? What i understand is the 14 week rule applys to new ESA claims, I cant find anything about whether it applies to IB to ESA conversion.

Many thanks in advance.

**slipmaster** · 22-09-12 16:45

if it was migration you should get backdated to when it stopped

**Mersey** · 22-09-12 17:03

Would that be at the rate of what my IB was £108.05 a week or would it be at the ESA WRAG rate of £71 + £28 ?

Many thanks for your reply.

**slipmaster** · 22-09-12 17:23

Where claimants are entitled to more money on incapacity benefit than they would be on ESA, their ESA will be paid at their incapacity benefit rate on conversion. But their rate of ESA will effectively be frozen, rather than being increased year on year. This should mean that eventually their ESA payments and the standard rate paid to other ESA claimants will equalise. These transitional rates of payment will cease not later than April 2020, regardless of whether they have equalised or not

**Mersey** · 22-09-12 23:16

I see, so i will be on the same amount as my IB.

Will they backdate money owed at that rate also ?

Many thanks slipmaster.

**slipmaster** · 23-09-12 17:30

date of conversion ie from the original start date

**Grumpy Bill** · 27-09-12 15:32

Hello Mersey,

I have found a document that should help you. (The links is below.)
There is a example on page 25 below section 45226. (Best to read it all.)
This example shows a case like yours and according to this, you can even go back to IB if you have been claiming before 1.2.2011. (If you did get 15 points or more.)
You should be able to go back onto IB and get the arrears.
(People from the JobCentre Plus will tell you that all IB have to converted to ESA but according to this document, it not true!)

------

ESA for new claimants only.

I am not an expert and cannot give advice, but I can read and so can you.

ESA was introduced for new claimants on 27.10.08 to replace IB, SDA and IS.
From 31.1.11 no claims for IB, SDA ans IS on the grounds of disability can be made.
Please read: http://www.dwp.gov.uk/docs/dmgch45.pdf – page 15 and 25.
(I hope that the document has not been taken off the internet. If it has, I have a copy.)

Page 15 makes it clear that the conversion from IB to EAS only applies to people who where granted IB after the 31.1.11. (If you are on IB, you can even still get IS and vice versa.)

Page 25 will show that you have the right to go back to IB if you have been put on ESA despite having been on IB prior to the 31.1.11. Read section 45226, including the example.

- If you have been on IB before the 1.2.11 and have been put on ESA now, you have the right to be put back onto IB. (You should never have been on ESA in the first place.) You should get back pay to make up for your loss of payments. From what I read, ESA is means-tested and IB is not.

I suggest you read the whole document. Maybe you can find out things that might be of interest
to others.

If they (ATOS ) claim that you did not get enough points for IB or ESA, please read the points system:
http://www.legislation.gov.uk/uksi/1.../schedule/made
Please read each question carefully, especially question 1. (Walking without severe discomfort.)
I bet most of you who have been taken off IB/ESA will qualify if the points system is applied properly.
(I hope that the document has not been taken off the internet. If it has, I also have a copy of this one.)

Stephen1959 Has found a better document for the points system and I hope he does not mind me adding this link.
http://content.durham.gov.uk/PDFRepo...Form_ESA50.pdf

Good luck,
Bill