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Complex Benefit question.


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This is quite a complex situation and am hoping one of the CAG members who work for the DWP may provide an answer :

 

The husband is the leading claimant on a joint claim in receipt of IS with the disability premium. A few years back his wife was advised to claim IB for NI stamp contributions only. However she is also on HRM DLA. She has just received the IB to ESA migration form, but at the same time has found out that because she is a carer, her stamp is already paid..

 

The question is :

 

A) Can she ignore the form and leave it at that.

B) Write to the DWP and explain she would not benefit from ESA and therefore will not be applying for ESA.

 

...and in addition would any of the above two actions be viewed as a failed ESA claim causing the DWP DM to look at her DLA award again (this is the main concern) ?

Edited by Winnie Wotsit
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What Rate of IB does the husband get, they may have been entitled to I.S for many years.

Also how does she know her stamp is up to date?

If she has been claiming IB credits only todate this is the reason why, so the info given to claim was correct....

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What Rate of IB does the husband get, they may have been entitled to I.S for many years.

Also how does she know her stamp is up to date?

If she has been claiming IB credits only todate this is the reason why, so the info given to claim was correct....

 

Ok, I doubled checked and the award is Income Support with the disability premium (which they term IB ! ). The reason she's been told there is no point migrating to ESA or continuing with an IB stamp only is becasue she's been a carer for the past two years which I believe pays her stamp.

 

Her concern is how to inform the DWP that she does not wish to transfer from IB to ESA (stamp only) without it looking like she as failed an ESA application - therefore setting of a review of her DLA claim.

 

I hope that makes sense !

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She can withdraw her claim at any time in writing.

 

 

The concen is by withdrawing the claim, she may set of a DLA review. Hence the debate of just ignoring the ESA migration form and let sleeping dogs lay.

 

Her concens are due to the amount of people having DLA stopped due to ESA applications.

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DLA and ESA are seperate benefits... You are correct if she is a carer then yes her stamp will be credited, if she wasnt a carer then IB would have credited it instead.

 

If she wants to now she can chose not to pursue her ESA claim, no problem there, and if she is still in receipt of Carers then she will continue to get her stamp.

Her partners claim to IS will also continue on the grounds of his IB..

 

When they call him over to ESA, if she is still claiming Carers Allowance they can if they chose decide to claim I.S in her name, an option if he fails his ESA medical :)

 

I dont they will look at her DLA if she decides not to persue her ESA.....

its two different DMS

Edited by MIKEY DABODEE
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DLA and ESA are seperate benefits... You are correct if she is a carer then yes her stamp will be credited, if she wasnt a carer then IB would have credied it instead.

 

If she wants to now she can chose not to pursue her ESA claim, no problem there, and if she is still in receipt of Carers then she will continue to get her stamp.

Her partners claim to IS will also continue on the grounds of his IB..

 

When they call him over to ESA, if she is still claiming Carers Allowance they can if they chose decide to claim I.S in her name, an option if he fails his ESA medical :)

 

I dont they will look at her DLA if she decides not to persue her ESA.....

its two different DMS

 

Many thanks. Would she best just not filling out the ESA form or should she let them know she wont be claiming for ESA.

 

I understand you thoughts on transferring the claim over to her. Her husband is currently going through migration at this moment in time, but he does have a great GP who supplys 10 page reports and will back up any claim.:)

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Its up to her really. if she doesnt fill in the form then they will just close the IB and ESA interest on non return of the ESA50..

If she fills in the form but doesnt attend the medical, then it will be the same result

 

If she doesnt want to go ahead with the claim why put herself through it.

But then again she may fill in the form and they may decide straight pass no medical needed, who can say..

 

Maybe hedge the bets, fill in the form, and see what happens, straight fail dont appeal, needs medical dont attend if dont want to, or straight pass then hey presto :)

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Its up to her really. if she doesnt fill in the form then they will just close the IB and ESA interest on non return of the ESA50..

If she fills in the form but doesnt attend the medical, then it will be the same result

 

If she doesnt want to go ahead with the claim why put herself through it.

But then again she may fill in the form and they may decide straight pass no medical needed, who can say..

 

Maybe hedge the bets, fill in the form, and see what happens, straight fail dont appeal, needs medical dont attend if dont want to, or straight pass then hey presto :)

 

So in effect if no medical report is provided to the DM from ATOS then the chances of any challange to her DLA is pretty slim . :)

 

I wasnt to sure if ATOS contacted the GP at the same time they send out the ESA50 form to the claimant. Hence stopping the ESA claim before the GP returned a less than favourable report back to ATOS and the DM.

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Background: The face-to-face WCA and ESA50 form

 

The WCA is used to determine entitlement for ESA, and is conducted by Atos Healthcare on behalf of Jobcentre Plus. As part of the WCA, most people who apply for ESA are required to attend a face-to-face assessment[3]. This is conducted by a Healthcare Professional (HCP), who may be a doctor, nurse, or physiotherapist. It assesses a person’s physical, mental health, cognitive, and intellectual functions.

The face-to-face WCA is guided by information the customer provides on an ESA50 form, which they complete and return to Atos Healthcare before they are called for a face-to-face assessment. The ESA50 form is a questionnaire asking how a person’s health condition and/or disability affects their ability to conduct activites of daily living. It also asks about any medication or treatment they are receiving, and details of their GP and any other professionals providing care.

Upon receipt of the completed ESA50, which is scrutinised by an HCP at Atos Healthcare, further medical evidence may be requested from a customer’s GP, or other treating physician.

A Jobcentre Plus Decision Maker uses a report of the WCA provided by Atos Healthcare to help decide whether a person is entitled to ESA, and if so, whether they should be placed in the ESA Work-Related Activity Group (WRAG) or Support Group. Chapter 1 in the main report of this research provides more detail on the WCA, WFHRA, and ESA claim process. Of all completed initial WCAs (ie, excluding those still in progress or withdrawn before completing assessment, and before taking into account any appeals) to the end of July 2010, 65 per cent were found Fit for Work, 25 per cent were allocated to the WRAG and ten per cent to the Support Group.[4]

 

I think that if the customer doesnt return the ESA50 then it goes no further end of claim unless they show good reason why they didnt return the form in the first place, and if returned then ATOS contacts the GP for more info if needed...

It would be an avoidable expense to write out to a GP for more info iro of a customer when it may not be needed, if for example no form where to be returned in the first place...

I dont process ESA but the above supports this..

 

If for any reasons the DLA was stopped because of the ESA medical then google the result to what happens if it goes to tribunal

its doesnt sit well at all..

There are differenet criterias for claiming both benefits, and the evidence for one cant be used for the other.

The DlA is usually reinstated by the looks of it

Edited by MIKEY DABODEE
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