Moving from incapacity benefits to Employment and Support Allowance

Posted in Kevin's blog on 2 December 2011 | 0 Comments

The Government is transferring people claiming Incapacity Benefit, Severe Disablement Allowance and Income Support on incapacity grounds to Employment and Support Allowance (ESA) by 2014. These changes began in March 2011and have now gathered pace.

As part of the changeover you will probably be required to complete an ESA50 enquiry form and attend a face to face assessment as part of a Work Capability Assessment. The Work Capability Assessment is intended to show whether or not you are fit for work. This blog gives answers to some of the questions you may have.

Questions/Answers

Frequently asked questions about the changeover

Do I have to complete the ESA50 questionnaire?

Yes, when you are sent one, it must be completed and returned by the date stated in the letter that comes with it, otherwise benefit could be lost.

Should I photocopy the ESA50 form before I send it?

Definitely. It will help you prepare for the face to face assessment if required. You will also have your copy available to assist with any appeal if refused ESA.

Should I send anything in with the ESA50 form?

Send in a copy of your Certificate of Visual Impairment, and a recent eye test report or other suitable evidence if you have them. This sometimes removes the need for a face to face assessment.

Will I be called for a face to face assessment?

Most people will be called for a locally arranged ‘face to face’ assessment with a Health Care Professional. It is not a medical as such, but your vision will be assessed and you will be asked questions about how you would be able to cope with certain tasks.

Must I attend a face to face assessment if called?

Yes, or your benefit is likely to be stopped, and may not be re-instated until you have attended a re-arranged appointment. This can take months. If you are unable to attend for good reason, you should ring the number on the appointment letter immediately and see if the date can be changed. Provided this is accepted, you should then continue to get your benefit whilst awaiting a new appointment.

Should I take someone with me to the face to face assessment?

Strongly recommended. Take a relative or good friend. Not only will they give you support but they may also be able to back up what you say. They will also be able to witness the procedure should you have any complaints later.

Will I be automatically transferred to ESA?

No, most people will have to score 15 points on the Work Capability Assessment. If you don’t, you will usually be expected to seek work. You may be able to claim another benefit such as Income-based Job Seeker’s Allowance, Income Support or Pension Credit.

Do I have a right of appeal if I’m found capable of work?

Yes, and you can claim the basic rate of ESA whilst in the appeal process. If you need to appeal you should contact RNIB Helpline, your local Action for Blind People team, the CAB, or a local welfare rights service for help.

If I qualify for ESA, will my money be the same as I am getting now?

In most cases, the rate you get now will be protected on transfer. It will not go up in future years until the ESA rate catches up.

I was on the old Invalidity Benefit so my Incapacity Benefit is not taxable. Will this stay the same?

No, if you qualify for contributions-based ESA it will be taxable and if you pay or could pay tax you should let your tax office know. If you are registered severe sight impaired/blind you can claim the Blind Person’s Tax Allowance.

Can I get further advice on these changes?

You can contact your local Action team where you can speak to a welfare rights adviser.

The RNIB can send you factsheets about Employment and Support Allowance and moving from Incapacity Benefits to ESA. These can also be downloaded from the RNIB website.

You can also call the RNIB Helpline on 0303 123 9999 or email helpline@rnib.org.uk

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