ESA & Private Pension

Having read the old posts on this I'm unable to resolve an issue.

I've applied for my pension, due Dec 2021. This is £82.15 wk. I chose the pension payment without lump sum as it came under the £85.00 wk which I researched as eligible to be disregarded. My last DWP Benefits statement refers to 'total Income Related' amounts.

However, I have now had my ESA reduced, to account for this, and had a bill to pay council tax and rent, (as a change of circumstances) which I previously received as a benefit. I did not know of any difference between Income Related (IR) and Contributory (CB) before reading some posts. These extra demands put a unexpected burden on my finances.

On having my carer speak to DWP, I'm deaf, with 3 days left to the 'contact' limit, I'm informed that I have been changed over from IR to CB some 4 months before my state pension age. So, should I not have the private pension disregarded? I understand ESA will finish at State Pension Age anyway, but what, if any (IR or CB) will I still / become be liable for Council Tax & Rent?

I don't know if Appealing will do any good, and if it is / can be, changed, will render me worse of after state pension age.?

I hope someone can help, email / web is the only way I can communicate and DWP will not take email. thank you.

Dear MODS, Maybe one for the Backroom Stars? has anyone tried challenging DWP about Disability Discrimination when they make contact so difficult for Deaf people like our friend sirjames? Surely they should offer some appropriate facility for communication??? Is there any case law on this people could use???
No one should be forced to have a carer
a] spend time they may be paying for hanging on DWP understaffed phone lines instead of doing their necessary caring tasks and
b] have them giving messages involving personal information.

Disgusting.
Denby

Hi denby, The EHRC take on Disability Discrimination cases. Saying that however the Govt has STILL not applied the Equality Act (2010) to all it’s departments…. Despite the ‘Public Sector Duty’ part of it, and the fact that it passed through Parliament over ten years ago….. Anyone receiving Public Funds SHOULD adhere…. Which SHOULD include ATOS etc as they are funded from the Public Purse… disgusting & disgraceful…. No idea why the EHRC haven’t challenged this… I have written to them to ask but they say they ‘decide by committee’ which things they are going to pursue…WTAF

Hi… Have just been rereading your initial post. I think ‘historically’ your ESA was a combination of CB and IR. Your CB was in effect ‘topped up’ with IR so that you could get your premiums (disability income guarantee); ESA IR gives automatic entitlement to HB and C.Tax. I deduce that your (private) pension payments have ‘replaced’ this IR bit of your ESA.

I would put in ‘new’ claims for HB and C.Tax (*to be backdated to when your ESA amount changed) and see how you go. Explain clearly that you were not given the full facts of your case by the DWP, and that you believe this lack of communication from them is covered under the Equality Act as you are d/Deaf, and presumably you would have been given a courtesy phone-call otherwise to explain things.

Your council will have an Equal Opps Policy that they must adhere to, and hopefully someone there will have the decency to work ‘it all’ out and state clearly what you (if anything) are expected to pay towards your rent and council tax.
When you start to get your State Pension, this info (from the council re: HB and C.Tax) will help with any Pension Credit claims.
Also, if you were getting any SDP as part of your ESA IR claim, then this ‘benefit’ should be ‘passed on’ to your HB claim.
A muddle but resolvable and you may as well get it all sorted now. Good Luck!

*People of ‘mixed’ ESA Heritage are frequently discriminated against*