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Thread: ESA and Industrial Injuries (disablement) benefit

  1. #1

    ESA and Industrial Injuries (disablement) benefit

    Please, could someone give me advice on the following... According to all sources I've found (directgov.uk CAB Turn2us) Industrial injuries disablement benefit is non means tested. Which I thought means that it should be paid regardless of income. If you got Incapacity Benefit, Industrial Injuries Benefit wasn't deducted... I understand that ESA took that over.
    So my question is this.. If you get ESA does it affect your Industrial injuries benefit and If you get Industrial Injuries benefit will it affect your ESA... (I ask this because I've just been awarded Industrial Injuries Benefit and had 3/4 of it taken away because I get ESA)
    Thank you for your help in answering this

  2. #2
    davewhit
    Guest
    Quote Originally Posted by Phoenix Jones View Post
    Please, could someone give me advice on the following... According to all sources I've found (directgov.uk CAB Turn2us) Industrial injuries disablement benefit is non means tested. Which I thought means that it should be paid regardless of income. If you got Incapacity Benefit, Industrial Injuries Benefit wasn't deducted... I understand that ESA took that over.
    So my question is this.. If you get ESA does it affect your Industrial injuries benefit and If you get Industrial Injuries benefit will it affect your ESA... (I ask this because I've just been awarded Industrial Injuries Benefit and had 3/4 of it taken away because I get ESA)
    Thank you for your help in answering this
    rules change over the years, did you get IB ? as someone moving to esa might have protected rights

    where as a new claim now might get treated as over lapping benefits and not get both

  3. #3
    I have been on ESA since 25th September last year though they say it's from 29th June which is incorrect... (incidentally it took till December to get the benefit as Working Tax Credit hadn't updated their systems and ESA thought I was still getting it despite showing Job centre THREE letters proving otherwise. I am guessing you mean Industrial benefit ? In which case the answer is no, because as stated in my orignal post I've JUST got Industrial Injuries Disablement Benefit, thanks anyway

  4. #4
    davewhit
    Guest
    Quote Originally Posted by Phoenix Jones View Post
    I have been on ESA since 25th September last year though they say it's from 29th June which is incorrect... (incidentally it took till December to get the benefit as Working Tax Credit hadn't updated their systems and ESA thought I was still getting it despite showing Job centre THREE letters proving otherwise. I am guessing you mean Industrial benefit ? In which case the answer is no, because as stated in my orignal post I've JUST got Industrial Injuries Disablement Benefit, thanks anyway
    before esa came in it was called incapicity benefit or IB I could not work out from your post if your esa was awarded on transfer, (from ib)which if so you might get transional protection to your Industrial Injuries Disablement Benefit, but being only on esa I doubt it thats why they withhold some of it, get expert advise from CAB

    that said the letter showing your payments should say what your being paid and why any is not in pay

  5. #5
    Quote Originally Posted by davewhit View Post
    before esa came in it was called incapicity benefit or IB I could not work out from your post if your esa was awarded on transfer, (from ib)which if so you might get transional protection to your Industrial Injuries Disablement Benefit, but being only on esa I doubt it thats why they withhold some of it, get expert advise from CAB

    that said the letter showing your payments should say what your being paid and why any is not in pay
    Thank you.. again.
    I thought I was being clear (sighs) sorry that isn't coming across in the way I'm intending, will try again.
    1) New claim for ESA after my statutory sick pay ran out last year.
    2) Been claiming ESA (new claim) since 25th September. No prior claim
    3) JUST been awarded Industrial Injuries Benefit, tell me I'm entitled to 1200 but have taken 822 away because I get ESA

    Finally I spoke to CAB this afternoon (2 separate locations) and looked on their online site, they didn't know the answer nor did Turn2us.org who they referred me to. nor was the answer on Gov.uk or Directgov.uk Nor Welfare.net..

    AND the start date quoted for my ESA on the Industrial injuries benefit letter was incorrect by 2 months (they say I got it since 29th June, which I didn't, it started on 25th September.
    Hopefully that is now MUCH clearer...

  6. #6
    Member
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    I was on IB migrated to ESA. Been getting IIDB for 20 odd years always got it as well as IB. Since being on ESA this is reduced by the whole amount as ESA is income related,so was left with 78p per week after getting both the benefits for 20 odd years. It well hurt to lose £500 per month. Sorted now as wife now gets carers and in the support group as well as getting DLA. So just about back to where we was in August last year.

  7. #7
    davewhit
    Guest
    Quote Originally Posted by Phoenix Jones View Post
    Thank you.. again.
    I thought I was being clear (sighs) sorry that isn't coming across in the way I'm intending, will try again.
    1) New claim for ESA after my statutory sick pay ran out last year.
    2) Been claiming ESA (new claim) since 25th September. No prior claim
    3) JUST been awarded Industrial Injuries Benefit, tell me I'm entitled to 1200 but have taken 822 away because I get ESA

    Finally I spoke to CAB this afternoon (2 separate locations) and looked on their online site, they didn't know the answer nor did Turn2us.org who they referred me to. nor was the answer on Gov.uk or Directgov.uk Nor Welfare.net..

    AND the start date quoted for my ESA on the Industrial injuries benefit letter was incorrect by 2 months (they say I got it since 29th June, which I didn't, it started on 25th September.
    Hopefully that is now MUCH clearer...
    it looks like your loseing out because of over lapping benefits regulations they wont pay both


    the differences in dates could be because of 90 day disregard ?


    http://www.dwp.gov.uk/docs/dmgch69.pdf

    might help

  8. #8
    Senior Member
    Join Date
    Mar 2013
    Location
    Peterborough
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    439
    Quote Originally Posted by davewhit View Post
    it looks like your loseing out because of over lapping benefits regulations they wont pay both


    the differences in dates could be because of 90 day disregard ?


    http://www.dwp.gov.uk/docs/dmgch69.pdf

    might help

    I hope this helps people: IIDB and ESA (contribution based) are NOT means tested and are both paid on top of each other, ie, you are paid them both in full. However, if your ESA is Income Related then here lies the problem, your ESA (IR) will be adjusted to the Applicable amount that the Gov't says you need to live on.
    I know this 'cus I get ESA (cont based) and IIDB paid together in full.

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