esa contributions and pension credit

have a friend 63 in assessment phase of esa married has a mortgage and a works pension in payment his esa has been reduced to 28.69
other income net is 128.79
total income is 157.48
minimum guarantee is 209.70
housing cost are 24.86
minimum guarantee is 234.56
so credit should be 77.08 approx
he has had a phone call from a decision maker/claims handler at the pension service telling him to claim attendance allowance!
also that he cannot claim pension credit as he is off sick,and on esa and due to overlapping benefit rules cannot claim contributions based esa and pension credit guarantee at the same time so has to decide which benefit to claim or his claim will be closed.
he asked what the legislation was that resricted this and they could not quote any so told him to appeal this unless anyone is any wiser
thanks in advane for your coments

bozabutcher wrote:

have a friend 63 in assessment phase of esa married has a mortgage and a works pension in payment his esa has been reduced to 28.69
other income net is 128.79
total income is 157.48
minimum guarantee is 209.70
housing cost are 24.86
minimum guarantee is 234.56
so credit should be 77.08 approx
he has had a phone call from a decision maker/claims handler at the pension service telling him to claim attendance allowance!
also that he cannot claim pension credit as he is off sick,and on esa and due to overlapping benefit rules cannot claim contributions based esa and pension credit guarantee at the same time so has to decide which benefit to claim or his claim will be closed.
he asked what the legislation was that resricted this and they could not quote any so told him to appeal this unless anyone is any wiser
thanks in advane for your coments

Hi,

I am sorry but we cannot deal with individual claim matters on the forum, particularly when they involve third parties and means tested benefits and benefits we do not deal with (such as Pension Credit).

You friend will need to get some face to face advice from a Welfare Rights agency/CAB etc who can go through his claims in depth and work out the best way forwards for him.

Pete