- Posts: 5
× Members
ESA and Rent capping
- banzara0957
- Topic Author
- Offline
Less More
9 years 2 months ago #130191 by banzara0957
ESA and Rent capping was created by banzara0957
Dear moderator,
I am on support group for ESA, but I do not get the money because I have a pension of £200 per week, ESA benefit is £170 per week for couple.
According to the recent law if you are on support group of ESA then the benefit capping is not applied but in my case the benefit capping is applied to my monthly rent, because ESA always sending me a letter that I can not get ESA because of my small ill- health pension but I am on support group. Is this right ?
Because I am only getting £30 extra between ESA and pension and loosing out £400 of pounds per month as per capping.
Who should I contact to get help?
I shall be much obliged for your reply.
I am on support group for ESA, but I do not get the money because I have a pension of £200 per week, ESA benefit is £170 per week for couple.
According to the recent law if you are on support group of ESA then the benefit capping is not applied but in my case the benefit capping is applied to my monthly rent, because ESA always sending me a letter that I can not get ESA because of my small ill- health pension but I am on support group. Is this right ?
Because I am only getting £30 extra between ESA and pension and loosing out £400 of pounds per month as per capping.
Who should I contact to get help?
I shall be much obliged for your reply.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51076
9 years 2 months ago #130194 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA and Rent capping
Bazigar
I am afraid that from what you have posted it is not the Benefit Cap that is reducing your ESA.
If you are receiving Income Related ESA then your pension will be deducted £ for £ from it.
If you are receiving Contribution Based ESA then the first £85/week of your pension will disregarded and then for every £2/week of pension your ESA will be reduced by £1/week.
These rules are part of the legislation under which ESA operates under, providing the deductions have been correctly calculated, then there is no way to challenge the deductions.
I hope this explains it.
Gordon
I am afraid that from what you have posted it is not the Benefit Cap that is reducing your ESA.
If you are receiving Income Related ESA then your pension will be deducted £ for £ from it.
If you are receiving Contribution Based ESA then the first £85/week of your pension will disregarded and then for every £2/week of pension your ESA will be reduced by £1/week.
These rules are part of the legislation under which ESA operates under, providing the deductions have been correctly calculated, then there is no way to challenge the deductions.
I hope this explains it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- banzara0957
- Topic Author
- Offline
Less More
- Posts: 5
9 years 2 months ago - 9 years 2 months ago #130257 by banzara0957
Replied by banzara0957 on topic ESA and Rent capping
Dear Gordon,
Thank You for your first reply.
I am on income related ESA. My query is not, why I am not getting ESA payments,I understand that I am on pension of £200.
My query is that I am on support Group of ESA, according to current law if you are on support Group then rent capping is not applied,but in my case capping is applied because DWP send housing benefit and myself,a letter saying, we can not pay ESA because my pension is more then ESA .
I have been on support group after medical for 2 years.
I know this is bit tricky and should appreciative if you can answer or know someone expert in this matter can help. You can also reply to my e-mail.
Thank you,
Thank You for your first reply.
I am on income related ESA. My query is not, why I am not getting ESA payments,I understand that I am on pension of £200.
My query is that I am on support Group of ESA, according to current law if you are on support Group then rent capping is not applied,but in my case capping is applied because DWP send housing benefit and myself,a letter saying, we can not pay ESA because my pension is more then ESA .
I have been on support group after medical for 2 years.
I know this is bit tricky and should appreciative if you can answer or know someone expert in this matter can help. You can also reply to my e-mail.
Thank you,
Last edit: 9 years 2 months ago by bro58.
Please Log in or Create an account to join the conversation.
- bro58
9 years 2 months ago - 9 years 2 months ago #130266 by bro58
Hi B,
As you seem to understand the reason for the non-payment of your Income Related (IR) ESA is because your Works Pension exceeds the amount of IR ESA that you are entitled to.
As any household income, which would include a Works Pension is deducted from your IR ESA entitlement £ for £, it cancels your ESA payments out.
As the Benefits Cap is not being applied, and is not applicable to your situation, being in The SG has nothing to do with it.
The main issue is that you are only entitled to payment of IR ESA, it does not matter which group of ESA (WRAG or SG) that you are in.
bro58
Replied by bro58 on topic ESA and Rent capping
Bazigar wrote: Dear Gordon,
Thank You for your first reply.
I am on income related ESA. My query is not, why I am not getting ESA payments,I understand that I am on pension of £200.
My query is that I am on support Group of ESA, according to current law if you are on support Group then rent capping is not applied,but in my case capping is applied because DWP send housing benefit and myself,a letter saying, we can not pay ESA because my pension is more then ESA .
I have been on support group after medical for 2 years.
I know this is bit tricky and should appreciative if you can answer or know someone expert in this matter can help. You can also reply to my e-mail.
Thank you,
Hi B,
As you seem to understand the reason for the non-payment of your Income Related (IR) ESA is because your Works Pension exceeds the amount of IR ESA that you are entitled to.
As any household income, which would include a Works Pension is deducted from your IR ESA entitlement £ for £, it cancels your ESA payments out.
As the Benefits Cap is not being applied, and is not applicable to your situation, being in The SG has nothing to do with it.
The main issue is that you are only entitled to payment of IR ESA, it does not matter which group of ESA (WRAG or SG) that you are in.
bro58
Last edit: 9 years 2 months ago by bro58.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51076
9 years 2 months ago #130267 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA and Rent capping
Bazigar
Benefits are complicated at the best of times, but I am afraid this is nothing to do with the benefit cap.
Both ESA(IR) and housing benefit are affected by any income that the claimant has, your pension is classed as income and is being deducted £ for £ from your both benefits. If your pension is more than your ESA(IR) or your HB then the benefit will not be paid.
If you think that the calculations by the DWP and your Local Authority are incorrect then you should get face to face advice from a qualified advisor, do an internet search for "welfare advice" with your postcode, town or county.
Gordon
Benefits are complicated at the best of times, but I am afraid this is nothing to do with the benefit cap.
Both ESA(IR) and housing benefit are affected by any income that the claimant has, your pension is classed as income and is being deducted £ for £ from your both benefits. If your pension is more than your ESA(IR) or your HB then the benefit will not be paid.
If you think that the calculations by the DWP and your Local Authority are incorrect then you should get face to face advice from a qualified advisor, do an internet search for "welfare advice" with your postcode, town or county.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- banzara0957
- Topic Author
- Offline
Less More
- Posts: 5
9 years 2 months ago - 9 years 2 months ago #130340 by banzara0957
Replied by banzara0957 on topic ESA and Rent capping
Dear moderators and Bro 59
I do know why I am not getting payment of ESA .
Just for information please note.
I can assure you definitely that support group has everything to do with capping.i have received a letter from council that if anyone in the family get ESA support group or DLA ,PIP then the house hold is not effected by current capping.
Anyhow thanks for your kind effort.
I do know why I am not getting payment of ESA .
Just for information please note.
I can assure you definitely that support group has everything to do with capping.i have received a letter from council that if anyone in the family get ESA support group or DLA ,PIP then the house hold is not effected by current capping.
Anyhow thanks for your kind effort.
Last edit: 9 years 2 months ago by bro58.
Please Log in or Create an account to join the conversation.
Moderators: bro58, Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris