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5 years 2 months ago #226560 by winshipterri
ESA was created by winshipterri
Hi my husband is on contribution based esa, support group and was transferred from incapacity benefit to esa some years ago. When he was transferred the letter stated that he would receive a transitional addition as the esa was lower than what he was getting on incapacity benefit. He has continued to receive this addition as the esa is still lower than what he was getting before. He received a letter about the income based esa which i think has gone out to lots of people and although we were sure he was probably not due it as I work 21 hrs a week we sent it off anyway. We then received a letter to say that he was not entitled it as I earned too much. However, he has now had a letter saying that the transitional addition has been removed even though there has been no change of circumstances and he is still in the support group. He rang them up and they have said he is not entitled to it anymore as I earn too much even though he is on contribution based. He argued this with the person on the phone but they insisted that this was correct. Does anyone know if this s right? Thank you

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5 years 2 months ago #226575 by Gordon
Replied by Gordon on topic ESA
winshipterri

As long as you are sure that the Transitional Payment has not been eroded then the DWP are wrong, it should only have been removed if he was entitled to an ESA(IR) payment that exceeded the amount of the TP.

Whilst it should not be necessary as this is clearly a DWP error, the only way forward is for you to request a Mandatory Reconsideration, there's a template letter that you can use in the MR & Appeals submissions document in the ESA area.

Gordon

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