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ESA and housing benefit question
- Jean Fenton
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5 years 2 months ago #245257 by Jean Fenton
Replied by Jean Fenton on topic ESA and housing benefit question
hmm. ESA insist i am entitled to free prescriptions etc, and that i am on income related as well as contribution related ESA. i read the dmg and it is possible to be awarded both types of esa at the same time.
this is the letter i got this morning after i asked ESA on monday what my situation is:
i can confirm that you are entitled to both income related and contributions based ESA. although we are paying you ESA contributions due to income being taken into account on the income related element of your benefit you still maintain entitlement to both elements of ESA.
they are taking our income into account, it is listed on the award document. it is deducted from what the gov says we need to live on. all they have added by giving us contribution based ESA money is £34, after they have deducted both the pension and carers from our list of money we are allowed (116.80, 37.50, 24.50, 39.20)
its very confusing isnt it
i have researched the legal aspects of this and found on the cpag.org website that it is the 'entitled to' that counts at a tribunal and not 'in receipt of'.
anyway im going to show housing benefit this letter from ESA, and the information from cpag and ask them to reconsider their decision, and if they wont i will appeal and hopefully win in court as there is a legal precedent for the entitlement to be used for the passporting.
thanks for your help, i hope that my information might help someone else in this position, maybe you can have a look at the cpag website the link is
cpag.org.uk/welfare-rights/resources/art...imum-housing-benefit
thanks for your advice
this is the letter i got this morning after i asked ESA on monday what my situation is:
i can confirm that you are entitled to both income related and contributions based ESA. although we are paying you ESA contributions due to income being taken into account on the income related element of your benefit you still maintain entitlement to both elements of ESA.
they are taking our income into account, it is listed on the award document. it is deducted from what the gov says we need to live on. all they have added by giving us contribution based ESA money is £34, after they have deducted both the pension and carers from our list of money we are allowed (116.80, 37.50, 24.50, 39.20)
its very confusing isnt it

i have researched the legal aspects of this and found on the cpag.org website that it is the 'entitled to' that counts at a tribunal and not 'in receipt of'.
anyway im going to show housing benefit this letter from ESA, and the information from cpag and ask them to reconsider their decision, and if they wont i will appeal and hopefully win in court as there is a legal precedent for the entitlement to be used for the passporting.
thanks for your help, i hope that my information might help someone else in this position, maybe you can have a look at the cpag website the link is
cpag.org.uk/welfare-rights/resources/art...imum-housing-benefit
thanks for your advice
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- Gordon
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5 years 2 months ago #245289 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA and housing benefit question
J
I will be happy to be proved wrong but I still do not believe that you have any entitlement to ESA(IR), if you follow the logic of the DWP's argument then people receiving only ESA(CB) would have an underlying entitlement to ESA(IR) and this is clearly not the intention of the law.
Gordon
I will be happy to be proved wrong but I still do not believe that you have any entitlement to ESA(IR), if you follow the logic of the DWP's argument then people receiving only ESA(CB) would have an underlying entitlement to ESA(IR) and this is clearly not the intention of the law.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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