legacy ESA migration

Hi I'm confused about whether I'm going to be migrated or not?

I have been on Contribution Based ESA since 2013, & as i understand it we will not be migrated (at least not at this stage), as it's only people on Iincome related ESA who facing migration.

However I'm unclear on whether migration applies to anyone who has ever claimed/qualified for IR ESA, or whether it's people currently in receipt of it... ?

So I was transferred from Incapacity Benefit to ESA in 2013. And was awarded Contribution Based ESA

In roughly 2018/2019 I was sent a form to apply for a LEAP payment (when DWP had to notify people that should have also been granted an Income Related top-up to their Contribution Based ESA on transferring from Incapacity Benefit & Severe Disability Allowance). I filled in the form and sent relevant bank statements etc, and as it turned out, they did owe me money - I should have qualified for IR ESA top-up to my CB ESA for the period 2013-2015, so I was happily sent 2 years worth of backdated amount.

It only covered up to 2015 though because in 2015 I inherited some savings which took me over the savings threshold.

In either 2020 or 2021, they sent me a letter asking me to confirm my savings were still significantly over the qualifying threshold - which i did, and have not contacted them or heard from them about his since.

So to summarise, I have not actually qualified for the IR ESA top up to my CB ESA, since 2015. And have assumed that because I'm not in actual receipt of any IR ESA, that I will not be migrated at this point.

But I just had a horrible thought tonight, that perhaps the fact that I did once claim/qualify and was paid.... does that mean I am still effectively 'claiming' IR ESA, but simply not qualifying for it?! And will therefore be migrated?

Thanks so much David.

That makes sense & is what i'd previously thought, it's just that in the yearly letter from them detailing the amount I'll be paid after the annual rate increase... it says:

"you are not getting any more income related ESA. We cannot pay you because your savings are more than 16,000. If your savings decrease to less than 16000 ask us to look at your claim again".

which it confused me... It seemed to imply that it was all one claim & that they were simply not *paying the IR amount at the moment, but that the *claim for it still stands.
And with some information about migration saying that those 'in receipt of' means tested benefits will be migrated, & others saying that it's those who are 'claiming' them that will be, I got pretty rattled.

So just to confirm in my own fuzzy brain... its current receipt of a means tested benefit that counts re migration, rather than ever having been in receipt of it?

Thanks for your help.

There is a type of migration / change for people who currently receive the old style contributory ESA with no income related top up in payment. At some point the ESA claim will change (migrate probably isn't the correct word) to new style ESA. This won't have an affect on the amount of ESA you get nor the frequency of payments (it will stay fortnightly). However, the effect will be to remove the ability to claim income related ESA at some point in the future if your circumtances were to change. At present you can probably still claim the income related ESA in addition to the contributory version of ESA if your savings dropped below £16,000. Once you are moved over to the new style ESA this will no longer be possible. You would have to claim Universal Credit instead.