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Changed from IB ESA SG to C ESA SG due to £2.87

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9 years 7 months ago #125537 by redgt9
Sorry to trouble you, today I received a letter from the local council stating due to changes they received from the DWP they now have to charge our rent to the sum of £5.48 pw and extra Council tax of £11 pm.
I have been on Income Based ESA SP for at least a year after changing from contributory ESA (had to complete a form to do the change over).

Well to keep it short, after hearing of these extra money outlays which I cant afford I contacted the DWP and they told me it was due to my wifes wages which have not changed for over a year, they say she is earning £2.87 too much so they changed me back to Contributory ESA SG, can they do this. By doing this they back dated it to May which means it has put us in arrears with the Council rent etc. I got nothing from DWP about this.

Thanks for any feedback.

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9 years 7 months ago - 9 years 7 months ago #125539 by Gordon
redgt9

As we don't deal with Housing Benefit on the forum I am going to suggest that you seek local face to face advice with regard to this situation, do an internet search for "welfare advice" with your postcode, town or county.

From your post, what appears to have happened is the following.

I assume you were originally in the WRAG receiving EA(CB) which after a year ceased due to the 365 day limit, you were then assessed for ESA(IR) and despite your wife's pay were found to be eligible, this allowed Housing Benefit to come into payment.

At some point after this the DWP re-assessed your ESA and this time placed you in the Support Group, as a result of this move your ESA(CB) payments were re-instated.

Whilst being put in the Support Group entitles you to payment of the Enhanced Disability Premium as part of any ESA(IR) payment, so there would be an increase to the amount you are entitled to, both the ESA(CB) and your wife' wages would be counted as income and deducted from this new amount, whereas when you were in the WRAG and only receiving ESA(IR), only your wife's wages were deducted.

This is why you need to get face to face advice as you need someone who can calculate your entitlement from scratch both while you were in the WRAG and now that you are in the SG. It is possible that the DWP have failed to include the EDP also known as Disability Income Guarantee into their calculations, we often see this with claimants moved to the SG, if they have then it may be sufficient to give you full HB and CT discount, but if they have you may not have any options as ESA(CB) will always be paid if the claimant is eligible for it.

I hope this is sufficient information for you to explain this to an advisor, if not post again when the forum opens again on Monday.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 9 years 7 months ago by Gordon.
The following user(s) said Thank You: redgt9

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9 years 7 months ago #125562 by redgt9
Hello Gordon, I want to thank you for such a good reply to my question and you are right in all of the details with my history. I will seek advice like you said, again thank you for a great answer and for your time.
Best regards.
redgt9

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