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Contribution-based and Income-related ESA
- MarkLondon
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12 years 2 days ago - 12 years 2 days ago #103833 by MarkLondon
Contribution-based and Income-related ESA was created by MarkLondon
When I was transferred from IB to ESA (WRAG) in April 2012 I received a letter from the DWP stating I was entitled to both Contribution-based and Income-related ESA. However they failed to inform my local council Housing Benefit department. After a review nine months later in December 2012 they informed Housing Benefit my IB had ceased in April 2012 and that from December I was awarded Contribution-based ESA.
This at first resulted in my HB and Council Tax Benefit being suspended for two months while I proved that I was in fact on ESA. However, the council have now decided that as the ESA was Contributions-based, I am not entitled to full HB for the year April 2012 - April 2013 and there was a £750 overpayment which they will claw back from my HB for this year.
I have tried to get some sense out of DWP as to which form of ESA I was on for the first year. They say I qualified for both, as I do not have a partner or any savings, and the council should treat me as having Income-related ESA for that year and fully cover my rent.
I am appealing the council's HB decision. Does anyone have any information on the difference between Contributions-based and Income-related ESA and the grey area when you are entitled to both?
Also, does anyone know the NI contributions requirements for Contributions-based ESA? I was on IB for six years, with my contributions credited. Before that I was self-employed for six years and paid only Class 2 contibutions. My last employee contributions were in 1999.
This at first resulted in my HB and Council Tax Benefit being suspended for two months while I proved that I was in fact on ESA. However, the council have now decided that as the ESA was Contributions-based, I am not entitled to full HB for the year April 2012 - April 2013 and there was a £750 overpayment which they will claw back from my HB for this year.
I have tried to get some sense out of DWP as to which form of ESA I was on for the first year. They say I qualified for both, as I do not have a partner or any savings, and the council should treat me as having Income-related ESA for that year and fully cover my rent.
I am appealing the council's HB decision. Does anyone have any information on the difference between Contributions-based and Income-related ESA and the grey area when you are entitled to both?
Also, does anyone know the NI contributions requirements for Contributions-based ESA? I was on IB for six years, with my contributions credited. Before that I was self-employed for six years and paid only Class 2 contibutions. My last employee contributions were in 1999.
Last edit: 12 years 2 days ago by Gordon.
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- Gordon
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12 years 2 days ago - 12 years 2 days ago #103844 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Contribution-based and Income-related ESA
ML
Welcome to the forum.
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As a general rule claimants should not assume that the DWP will notify other benefit paying agencies such as their local council or even other departments within the DWP in regard to changes, it is the responsibility of the claimant to ensure that all parties are properly updated.
With regard your transfer.
Unless you were also receiving a Income Support top-up to your IB, we would expect you to have been transferred to Contribution Based ESA with a possible Transitional Payment to make up any short fall where your IB payments were more than you would receive on ESA.
It would only be when an IS payment was also made that I would expect a claimant to be transferred from IB to ESA(CB) with and ESA(IR) top-up.
Income Related ESA would only be paid where the calculated ESA(IR) payment exceeds the amount payable for ESA(CB), this may happen where an ESA Premium is payable or the claim is to be treated as a couple. If you were not previously receiving IS, then this would not happen without you completing and returning an ESA3 form, which captures information about your income, savings and assets and any hours that a partner works.
With out knowing more about your circumstances it is impossible to say whether any of this would affect your payments and the type of ESA you might receive, however, even if you were to provide more details, we would not be able to make a specific determination in regard to your appeal as to do so is outside the remit of the Moderators, you really need to get face to face advice on this.
With regard your NI Contributions, you were not required to re-qualify for these when you were transferred from IB, if you are looking at this in the context of qualifying for ESA(CB) as a new claim during 2013, then you will, in principle, need to have NI Contributions during the Tax Years 2010-11 and 2011-12, however, the qualification criteria are more complicated than this, and there are exceptions.
Gordon
Welcome to the forum.
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
As a general rule claimants should not assume that the DWP will notify other benefit paying agencies such as their local council or even other departments within the DWP in regard to changes, it is the responsibility of the claimant to ensure that all parties are properly updated.
With regard your transfer.
Unless you were also receiving a Income Support top-up to your IB, we would expect you to have been transferred to Contribution Based ESA with a possible Transitional Payment to make up any short fall where your IB payments were more than you would receive on ESA.
It would only be when an IS payment was also made that I would expect a claimant to be transferred from IB to ESA(CB) with and ESA(IR) top-up.
Income Related ESA would only be paid where the calculated ESA(IR) payment exceeds the amount payable for ESA(CB), this may happen where an ESA Premium is payable or the claim is to be treated as a couple. If you were not previously receiving IS, then this would not happen without you completing and returning an ESA3 form, which captures information about your income, savings and assets and any hours that a partner works.
With out knowing more about your circumstances it is impossible to say whether any of this would affect your payments and the type of ESA you might receive, however, even if you were to provide more details, we would not be able to make a specific determination in regard to your appeal as to do so is outside the remit of the Moderators, you really need to get face to face advice on this.
With regard your NI Contributions, you were not required to re-qualify for these when you were transferred from IB, if you are looking at this in the context of qualifying for ESA(CB) as a new claim during 2013, then you will, in principle, need to have NI Contributions during the Tax Years 2010-11 and 2011-12, however, the qualification criteria are more complicated than this, and there are exceptions.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 2 days ago by Gordon.
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- MarkLondon
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11 years 10 months ago - 11 years 10 months ago #105898 by MarkLondon
Replied by MarkLondon on topic Contribution-based and Income-related ESA
Thank you Gordon for your detailed reply.
I do realise that failing to inform the council of my change of benefits from IB to ESA was a serious error on my part.
I was receiving Income Support with my IB and the DWP did transfer me to ESA(CB) with an ESA(IR) topup of £2.10 per week, the same amount as my previous IS "which is to ensure you won't see a reduction in the level of your benefit entitlement as a result of the change to ESA", they wrote in the award letter
However, my local council have now responded to my letter disputing their decision on my Housing Benefit and Council Tax Benefit for last year saying "As you received both contribution based and income based ESA we have to input it as contribution based" and are standing by their decision, leaving me the option to appeal to a tribunal.
But if I am getting both forms of ESA, shouldn't the council be using the one that qualifies for the higher level of Housing Benefit?
I do realise this is probably beyond the remit of the moderators on this forum but any guidance you can offer would be greatly appreciated, as would any suggestion as to where I could get face to face advice. I know my local CAB is underfunded and oversubscribed.
Regards,
MarkLondon (not my real name!)
I do realise that failing to inform the council of my change of benefits from IB to ESA was a serious error on my part.
I was receiving Income Support with my IB and the DWP did transfer me to ESA(CB) with an ESA(IR) topup of £2.10 per week, the same amount as my previous IS "which is to ensure you won't see a reduction in the level of your benefit entitlement as a result of the change to ESA", they wrote in the award letter
However, my local council have now responded to my letter disputing their decision on my Housing Benefit and Council Tax Benefit for last year saying "As you received both contribution based and income based ESA we have to input it as contribution based" and are standing by their decision, leaving me the option to appeal to a tribunal.
But if I am getting both forms of ESA, shouldn't the council be using the one that qualifies for the higher level of Housing Benefit?
I do realise this is probably beyond the remit of the moderators on this forum but any guidance you can offer would be greatly appreciated, as would any suggestion as to where I could get face to face advice. I know my local CAB is underfunded and oversubscribed.
Regards,
MarkLondon (not my real name!)
Last edit: 11 years 10 months ago by Gordon.
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- MarkLondon
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11 years 10 months ago #105902 by MarkLondon
Replied by MarkLondon on topic Contribution-based and Income-related ESA
PS. I've just found your excelent "Getting Help" PDF document. 
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- Gordon
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11 years 10 months ago #105907 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Contribution-based and Income-related ESA
ML
We do not deal with Housing Benefit on the forum so I cannot offer any definitive advice, my view, and I stress it is my uniformed view, is that they should have taken the ESA(IR) amount and deducted the ESA(CB) from it, leaving you with £2.10 you mention in your post, whether this places you in a better or worse situation I do not know.
Have a look at the following for where to get advice
Where to get advice?
Gordon
We do not deal with Housing Benefit on the forum so I cannot offer any definitive advice, my view, and I stress it is my uniformed view, is that they should have taken the ESA(IR) amount and deducted the ESA(CB) from it, leaving you with £2.10 you mention in your post, whether this places you in a better or worse situation I do not know.
Have a look at the following for where to get advice
Where to get advice?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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