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IB migration to ESA WRAG to full time work


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My husband who was on the old IB then moved on to ESA, he was put into the WRAG group for ESA. He started a full time job on Friday which is fantastic and he can work from home which is even better due to his medical conditions. My questions are:

 

He will be informing them today of his new current situation. is there anything he would be entitled to as he will changing to monthly pay?

 

If for some reason he finds that he is too ill to continue with work, can he be put back into the same category within a certain timescale or will this become a new claim?

 

Many thanks

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Greetings [Helenm], firstly it is best not to reply to your own thread if no-one has replyed to it, by replying to your own thread, it can be missed by site staff & helpers.

 

Linking rules for ESA were abolished, see the web-link below for more info.

 

Employment & Support Allowance (ESA) linking rules.

 

Andrew

ASI Industries = As i in does tries!

 

As i in does tries!: My definition.

I will try, i may never succeed in the goal, but at least by trying i have a greater chance of success than never trying at all!

 My opinions are my own & occasionally may offend, but it is not my intention to cause offence in the first place!

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ASIIndustries Many thanks for your reply - I will remember in future not to bump my own posts! :oops:

 

thank you for that web link that's a great help!!

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Well .... nightmare!!!

 

Husband has just phoned the ESA dept to sign off from 1 October 2013. He was treated terribly :-x.

 

As he migrated over to ESA from IB he has only been claiming for 9 weeks and not the 15 weeks, so therefore not entitled to anything if he wants to go back.

 

He was then told that he has now cheated benefit fraud of 9 days (although according to their website you have up till 5 weeks to inform them of working)? His last payment was yesterday. He does not got paid until end of the month and told them that, only to be told you have committed fraud and no your not entitled to any help.#

 

Is there anyone that can help any further?

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:Helenm:

 

:?::?::?: Here's my take on your husband's situation.

 

The one remaining link between claims for employment n support is that if a break between claims is less than twelve weeks, a new claim is treated as a continuation of the previous one. (Unless the claimant's 'failed' a work capability assessment.) Consequently, employment n support with the work related activity/support component can be paid from the first day of a new claim within twelve weeks.

 

http://www.dwp.gov.uk/docs/dmgch44.pdf

(sections 44636 - 44637)

 

Some facts that you and your husband need to be aware of cos he's got a conversion award from incapacity benefit:

 

Payment of employment n support with the work related activity component is limited to a total of three hundred and sixty five days. The days don't have to be consecutive.

 

If your husband doesn't have limited capability for work for a period of longer than twelve weeks he'll lose his entitlement to a contributions flavour award of employment n support even if his condition deteriorates. For so long as he has a credits only award, he'll be able to reclaim payments of employment n support (after 365 days) if he becomes eligible for employment n support with the support component.

 

Have you considered the permitted work scheme?

 

http://www.disabilityrightsuk.org/work-people-living-disability-or-health-conditions

 

The five weeks is the deadline for claiming return to work credit. Unfortunately I think it was abolished from 1 October.

 

There's no way your husband's committed fraud, which requires intent. However I think your husband may have a recoverable overpayment. Ideally, he should have declared his change of circs sooner, but it's not the crime of the century.

 

Not got a clue what the '15' is about. Thirteen weeks for a non applicable assessment phase or fifteen points for an award of the work related activity component:?: Best guess answers on a postcard:?:

 

Best wishes, Margaret.

Edited by **Margaret**
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