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Incapacity Benefit Linking rules - concerned

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13 years 10 months ago #41225 by IT2Go4IT
I have a highly complex mental health condition which also causes some physical issues as well. A few months ago I was given the opportunity to attempt some supported permitted work of just 2 hours per day (Mon-Fri). It was an enormous challenge and I needed a great deal of support to attempt it. It has been going quite well although my mental health condition causes me difficulties day and night.

In order to continue with the work I am doing I now need to increase to 17.5 hours per week and thus come off IB. With great anxiety I have agreed to give it my best shot. I made the decision based on the thought that the 104 week linking rule would protect me if my health was negatively affected with the increase in hours. Upon notifying the IB department at JCP they told me that the linking rules are to be abolished as of 31st January 2011.

I am really frightened that in my attempt to do everything possible to get off benefits and return to work I am now left without the security that if it goes wrong I can be fast tracked back onto IB or ESA.

What am I letting myself into if things go wrong and is there any advice anyone can provide for me?

The government want to get as many people of benefit as possible but in actually being proactive in trying to do this for myself I am left vulnerable.

If it is of any significance to my question I am also on DLA.

Any help / advice appreciated.

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13 years 10 months ago #41227 by Gordon
IT2Go4IT

I think, as you have probably already realised, you are in a Catch-22 :(

Our understanding is that the IB linking rules will cease to be in effect from 31 January 2011, which means, should you need to return to benefits, that you will need to make new claim for ESA.

The only other factor that I can think of that might be relevent to your decision, is when you would next be evaulated for IB. Again, it is our understanding, that the IB to ESA transfer will be based on claimants next assessment date, however we have no idea how rigid this process will be or whether there will be exceptions.

I'm sorry that we can't offer any more information, but there is little available.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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13 years 10 months ago #41240 by MClareC
I came off IB (after 7 years) on 1st November 2010. I'd been doing 10 hours Permitted Work for a year and, despite a period of illness in the summer (I have ME) my employer was/is keen to keep me.

I've managed to find a way to do another 7 hours a week self employed from home.

As I was coming off IB I was assured by my DEA that the linking rules still applied to me and would only be changed for people moving into employment from 1st February 2011.

Is she wrong, then?

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13 years 10 months ago #41250 by Gordon
MClareC

I would be more than happy to be proven wrong by your DEA :) If they have a specific reference could you post it, as I am sure this will be a question that will come up a lot over the next few months.

I've gone back over a variety of sources and they all state that the linking rules for IB cease on 31/01/2011.

However, it may be that a linking rule to a new ESA claim may replace this. I say "may" because I cannot find a specific statement regarding it, just indirect references. Even if this was the case, I believe that an ESA re-assessment would immediately be issued including an ESA50 form and a WCA medical.


Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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13 years 10 months ago #41260 by DRAGON2009
Replied by DRAGON2009 on topic Re:Incapacity Benefit Linking rules - concerned
Most claimants receiving IB or ESA on mental health grounds is taking an substantial risk with their future benefit entitlement. All activities, paid or unpaid are useful ammunition in any quest to find someone fit for work within theb criteria that applies . If it were me, I would not go near this unless I had inn writing, and independently verified, that linking rules apply

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13 years 10 months ago #41320 by choogle
I wrote a letter to my local MP in Sept 2010, which she then forwarded to the DWP. The response I rec'd in a letter dated 26 Oct came from Chris Grayling. Since the linking rules were one of the issues I raised I'll quote from the letter what was said re: linking:

[On] the issue of linking rules. I can confirm that where, on or after 31 January 2011, a customer who is not in receipt of an incapacity benefit puts in a claim to such a benefit, this will automatically be treated as a new claim for ESA. As the incapacity benefits are being abolished, it follows that any linking of claims will be to ESA and not back to a previous award of an incapacity benefit.

...there is to be no change to linking rules within ESA themselves ...[and] theswe rules are intended both as an easement, to ensure that the customer is not unreasonably penalised if there is a short break in their claim - (this is the 12-week rule) - and to provide reassurance to the customer who leaves benefit to pursue work or train that, if it does not work out, they can return to the benefit on the same financial position as when they left - (this is the 104-week rule)

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