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Trying to work out which parts of my ESA are CB or IR for migration purposes

  • Spaceman
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2 days 4 hours ago #303822 by Spaceman
The DWP's letters are really confusing, because even when I was receiving only CB-ESA the letters all said "The payment of ESA is based on your National Insurance Contributions and any additional amount the law says you need to live on" and then said "Your total income-related amount is", and they continue to say this now that I'm receiving both CB-ESA and IR-ESA, with no separation of that components.

In 2013 I was migrated from Incapacity Benefit to CB ESA and I was also receiving DLA but I wasn't assessed for IR at that time, so I just received the basic £73.10 plus the extra £36.20 for being in the Support Group, totalling £109.30, but there was also a few pounds top-up "to ensure that you won't see a reduction in the level of your benefit entitlement as a result of the change to ESA".

Then in April 2015 I started receiving IR-ESA (and a small backpayment to 2013 as I should have been receiving it from the outset) and I got an extra £15.75 ESA because of the Disability Income Guarantee, but my £11/week pension was deducted from the IR-ESA, so I only received about £1.50/week more than the previous year, on top of the CB-ESA (the £2.75 top-up transitional protection, which appeared on my February 2015 letter, was no longer there on the April 2016 letter).

Then in 2017 I was migrated from DLA to PIP and was awarded the enhanced rate for both parts and my February 2018 ESA letter shows that I started receiving extra ESA "because you are severely disabled" as well as the Disability Income Guarantee and I continue to receive those.

Are both the extra ESA "because you are severely disabled" and the extra ESA for the Disability Income Guarantee components of IR-ESA rather than CB-ESA, such that those parts will migrate to UC, and only the basic amounts that I was receiving when I was on CB-ESA, before I started receiving IR-ESA too (currently £92.05 + £48.50 for being in the support group = £140.55) will migrate to New-Style ESA?

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2 days 1 hour ago #303846 by David
Hi Spaceman

The components you talk about are part of Income Based ESA. They don't migrate to UC but increase your Transitional Protection.
To get more detail I would phone the Citizens Advice Help to Claim service.
Call our Help to Claim phone number
You can contact an adviser through our free Help to Claim phone service. Advisers are available 8am to 6pm, Monday to Friday:

England: 0800 144 8 444

Scotland: 0800 023 2581

Wales: 08000 241 220

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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1 day 19 hours ago #303885 by Star jacks
Hi spaceman, i am exactly the same as you going from incapacity to CB then being switched to part IR and having DLA then to PIP and higher rate on both components which added extra rates on my ESA. I am so confused what i am actually on and am due to migrate to UC in a month!
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1 day 4 hours ago #303924 by Spaceman
Looking at the ESA-UC migration guide, it seems that we'll get transitional protection so that our UC is not less than our current ESA, but each year that will be eroded as the basic UC amount, and our New-Style ESA and our rents increase, so over time we'll end up receiving much less than we would if we'd kept receiving ESA+Housing Benefit.

Presumably anyone who's an owner-occupier and is receiving any housing-related payments in their UC to cover the service charges will also have those deducted from their transitional protection, so they'll be worse off too.

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1 day 3 hours ago #303934 by David
Hi Spaceman

Yes any increase in your UC monthly allowance is first deducted from the TP.

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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