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re:new 12 month ESA rule...Incapacity too?

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12 years 1 month ago #82915 by Gordon
Replied by Gordon on topic re:new 12 month ESA rule...Incapacity too?
carole wrote:

Hi im on assessment esa contribution based since sept 11...Tried to find ansewrs on here but havent located any info regarding why and what is the difference between cb/ir esa?? As I could not get winter payment due to being on cb esa..as Im now below poverty line apparently, why am I on this benefit? sorry not more articulate but due to illness n meds

If a claimant has paid sufficient NI Contributions during the preceding qualifying years they will be placed on ESA(CB). If they have not, then they will be eligible for ESA(IR) subject to a means test.

If you income, as a couple if relevant, is below the minimum the Government has determined you need to live on, then you may be eligible for an ESA(IR) top-up to your ESA(CB).

If you believe this is the case, then you should speak to your local CAB or Welfare Rights office who can help you with an application to the DWP.

Gordon

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

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  • carole
12 years 1 month ago #82951 by carole
Replied by carole on topic re:new 12 month ESA rule...Incapacity too?
Hi Gordon,
Have just called welfare rights and they can not advise me on top ups over phone and an appointment 4 weeks arghhhh..So called esa regarding this they said They could not tell me about top ups?? and as far as they can see I get assessment rate £67.50 and that is all I am intittled to in fact they said it was naughty for anyone to advise me to ask wtfeckkk lmao..So still do not know "what are top ups" lol...crying really

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  • carole
12 years 1 month ago #82954 by carole
Replied by carole on topic re:new 12 month ESA rule...Incapacity too?
Also if I passed my appeal would I be in titled to a top up then?? looking all over for advice im im getting stressed...:/

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12 years 1 month ago - 12 years 1 month ago #82958 by Crazydiamond
Replied by Crazydiamond on topic re:new 12 month ESA rule...Incapacity too?
carole wrote:

....So called esa regarding this they said they could not tell me about top ups and as far as they can see I get assessment rate £67.50, and that is all I am entitled to....


If when you say "called ESA" you are referring to the DWP, they certainly can tell you about income-related ESA payments which would bring you up to the required amount on which the law says you need to live. In fact, it is their duty to discuss and ensure that your benefit entitlement is correct.

I notice however from earlier posts that you are appealing an adverse ESA decision, in which case you are receiving the assessment rate of £67.50 which you have alluded to in your post, and this is the correct amount applicable to your current circumstances.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 1 month ago by Crazydiamond. Reason: Additional info.

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12 years 1 month ago #82962 by Gordon
Replied by Gordon on topic re:new 12 month ESA rule...Incapacity too?
Carole

An ESA(IR) top up should be payable if your total weekly income (including anything a partner earns), is less than the prescribed amount.

For a single person the amount is £67.50 and for a couple it is £105.75.

If your income equals or exceeds these amounts, then you are unlikely to be eligible for a top-up payment. However, it is still worth pursuing the matter with a local advisor, as there may still be other factors that are relevant, which could entitle you to additional payments, for example Housing Benefit and/or Council Tax Benefit.

Gordon

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12 years 1 month ago - 12 years 1 month ago #82964 by Crazydiamond
Replied by Crazydiamond on topic re:new 12 month ESA rule...Incapacity too?
Gordon wrote:

For a single person the amount is £67.50 and for a couple it is £105.75.


If you receive ESA payment at the rate of £67.50 or £105.95 for couples, you would be entitled to the maximum amount of Housing Benefit (HB) if you pay rent, and/or Council Tax Benefit (CTB) which should be paid automatically, but I wouldn't take it for granted in view of what appears to be an increasing amount of misdirection from the DWP nowadays!

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 1 month ago by Crazydiamond. Reason: Additional info.

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