Change from Incapacity Benefit to ESA

The DWP have stated that while people are being re-assessed for the changegeover from Incapacity to ESA, they will remain on their current level of benefit payment.
What happens if they fail the assessment and appeal? Do they still stay on the same level or drop to the assessment rate?
Does anyone know yet??

Yes and add to that if they get assessment rate while they wait for an appeal will they be means tested for that ?

Hi Carmind

Claimants who fail the assessment including those transferred from IB, will have to claim ESA at assessment rate whilst appealing.

Regards

Derek

XFACTOR wrote:

Yes and add to that if they get assessment rate while they wait for an appeal will they be means tested for that ?

Hi XF

I don't think we will know until the final draft of the bill is passed.

Derek

Thanks Derek I guess its the House of Lords next for the bill, having eben through commons stage 3

XFACTOR wrote:

Yes and add to that if they get assessment rate while they wait for an appeal will they be means tested for that ?

Thats a good point! I thought that if you were being transferred from a Contributions benefit to ESA and for the first year that at least will be Contri based, any means test would not be able to kick in until you had been in receipt of that benefit at full rate for a year. But, of course the appeals are taking longer than that so yes that is a worry. Surely the assesment level would NOT be means tested?? Thats brings a new meaning to punishing the sick.
Callisto x