Returning to work linking rules for IB

I am on the older IB rather than the ESA and feel that I may be ready to go back to work. I understand that there is the 104 weeks linking period if things don't work out.

However due to the industry I worked in, I will probably be only able to find temporary/contract work. My question is what if my condition gets worse and am unable to continue work, what will happen regarding statutory sick pay forms and sick notes as temporary workers don't have full employment rights.

Also if I have to claim using the linking rules, will I have to have a new medical.

I have searched the forum regarding linking periods and it appears to be a long process...anyone got any thoughts insights, especially regarding temporary/contract work.

Most people who want to claim benefit on the basis of being sick or disabled will have to claim ESA. There are two groups of people who can still make a claim for IB or for IS.

As you were getting IB, SDA or IS before you started work but you now need to re-claim benefit, you may be protected by the two-year 'welfare to work' linking rules. This means you should be able to re-claim your old benefit at the same rate as before.

Job Centre Plus should tell you if these rules apply to you.

If you were already getting IB or SDA before 27 October 2008 and your circumstances have changed so that you are now entitled to an income-related benefit (for example, if your savings have gone down below £16,000) you can claim an IS top-up.

I'm afraid that I cannot help you regarding statutory sick pay forms, or whether or not you will have to have a new medical.

You need to seek 'face to face' advice from an advice agency such as your local CAB or from Community Legal Advice

Jim

Maybe someone else will come back with more info, but here's a few links which might be of use:

1...googled '104 week linking rules'
www.disabilityalliance.org/f35.htm

I am including a second link about linking rules that could be particularly important because I have been seeing mention abolition of linking to previous IB claims as from Jan 2011. I have a feeling that this abolition is the kind of thing that will 'sneaked in the back door', something that not many people will fully understand but which could prove to be highly significant for 1000s of claims in the coming months. I'm saying this because you may have to be treading very carefully.

2...googled 'jan 2011 abolition linking IB/IS'
www.disabilityalliance.org/ibmigrate.htm

all claims to incapacity benefits on or after 31 January 2011 will be treated as new ESA claims - there will be no link to earlier claims for incapacity benefits;

It would be good to know how how others with past benefits experience interpret this coming change. My own interpretation is that it could mean that if you do try working, then need to re-claim then you could find yourself in a situation where the tax years your previous claim was based on is no longer relevant. This is a potentially extremely serious matter and, as I said earlier could affect 1000s in an extremely negative fashion.

Hi Choogle,

Thanks for taking the time to look this up. As I'm now retired as a WRO and 69 years old with deteriorating ill health, I really haven't kept up-to-date with ESA and I've talked to lots of JobCentre Plus staff who have had no training on ESA whatsoever. It was rushed far too quickly through Parliament with virtually no discussion.

I knew that there were plans to eventually abolish the linking rules as I've been subscribing to Disability Alliance's publications for over 30 years, but I prefer to say 'I don't know' rather than give out wrong information.

As you've probably noticed we're down on moderators at present, and every single post has to be read through thoroughly before it appears on the forum,
mainly for legal reasons.

Again thanks for your input, it's most appreciated.

Best wishes.

Jim

I'm finding myself sitting here thinking that the way the 'rules of the game' are being changed are (as we say up here) 'affa sleekit'.

Here's an example, given my earlier interpretation of the linking rules abolition:

Someone is assessed as having limited capability for work under IB migration, so is placed in the WRAG. They want to work, but haven't worked for years and aren't sure how they will cope. Yet they somehow manage to find some kind of work.

But it doesn't work out, so they go back to claim benefits. But their claim is assessed without linking being applied so they are well and truly up the creek without a paddle. The more I'm looking into the wee intricacies of what's going on, the bleaker it's getting.

To me, it seems like it's beyond the WCA and IB migration, there's something far deeper and nasty going on here.

Thanks for the helpful information...its just so complicated and confusing with all these changes going on.

I noticed that the 104 linking rule only applies to 'welfare to work' people. Is this really the case and what exactly is welfare to work?