I have just been chasing a Cold Weather Payment for a client of mine who is in receipt of Income Related ESA in the main phase. According to all the guidance, including the direct.gov website, she should be entitled. Correct?
Wrong. Despite being 'considered' to be on Income Related ESA, she actually receives Conts based ESA with and Income Related top up. Which according to the DWP, means that she is not entitled. I was told this morning that if someone has any element of Conts based ESA, then whether or not they have an Income Related top up, they will not get a CWP.
I cannot understand how this can be fair or legitimate as she was eligible to claim a Budgeting Loan for which she has to be on an income related/based benefit, but apparently this is not good enough for a CWP.
Has anyone else had a similar experience, or confirm if this is correct as this has completely thrown us and goes against the guidance we have.

Many thanks

Mike Tipple
Welfare Advice
South Gloucestershire Council

Although I have mainly dealt with Contrib ESA, my own view is as you posted, that if the person received IR ESA then they would be entitled to the CWP.

I would ask the DWP on what basis (regulation) they have made their decision (yet again it seems they may be making things up as they go along!) and challenge via appeal if necessary.

I would be interested to hear the DWP's response.

Regards

Pete