Page 1 of 3 123 LastLast
Results 1 to 10 of 21

Thread: IB to ESA - 14 week apply to backdated money?

  1. #1
    New Member Mersey's Avatar
    Join Date
    Dec 2011
    Posts
    15

    Question IB to ESA - 14 week apply to backdated money?

    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.

  2. #2
    Senior Member
    Join Date
    May 2012
    Posts
    1,465
    if it was migration you should get backdated to when it stopped

  3. #3
    New Member Mersey's Avatar
    Join Date
    Dec 2011
    Posts
    15
    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.

  4. #4
    Senior Member
    Join Date
    May 2012
    Posts
    1,465
    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

  5. #5
    New Member Mersey's Avatar
    Join Date
    Dec 2011
    Posts
    15
    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.

  6. #6
    Senior Member
    Join Date
    May 2012
    Posts
    1,465
    date of conversion ie from the original start date

  7. #7
    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
    Last edited by Grumpy Bill; 27-09-12 at 16:34.

  8. #8
    Member
    Join Date
    Sep 2012
    Location
    downham market, norfolk
    Posts
    55
    thanks for the info bill its very much apreciated

  9. #9
    davewhit
    Guest
    Quote Originally Posted by rickbat View Post
    thanks for the info bill its very much apreciated
    dont take notice of bills posts its wrong get expert advice contact CAB or some other charity

  10. #10
    vikstar
    Guest
    Quote Originally Posted by davewhit View Post
    dont take notice of bills posts its wrong get expert advice contact CAB or some other charity
    rickbat, see this also, http://www.youreable.com/forums/show...ll=1#post18386

Similar Threads

  1. esa backdated money
    By tonytia in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 4
    Last Post: 10-09-14, 23:20
  2. will I have to apply every year for esa
    By irenef32 in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 5
    Last Post: 11-03-14, 22:10
  3. esa backdated money
    By loulou in forum News and general discussion
    Replies: 1
    Last Post: 22-10-12, 11:21
  4. When your 365 days are up for ESA can you re apply?
    By sweet_harmony in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 3
    Last Post: 31-05-12, 22:31

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •