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TOPIC: Legacy Benefit Changes?

Legacy Benefit Changes? 1 month 2 weeks ago #246894

Hi. I was on ESA {contributory based} for years due to health problems but was living with my husband. In January 2020 I left with our daughter due to there being domestic violence and my benefits were changed to ESA {income based} with severe disability premium and enhanced premium. Also DLA, child tax credit, housing benefit and council tax. It took a year and a half to leave with support from domestic abuse agency and Citizens Advice Bureaux. This was an extremely difficult decision to leave which has left my physical and mental health problems worse. What I am asking is whether anybody knows if these Legacy benefits are going to be stopped and moved to UC. I have been told that due to getting the severe disability premium I wouldn't be able to claim UC . With all the changes that are happening I am worrying myself sick that these will be stopped or changed and that myself and daughter will be in an even worse position. Does anybody know what's going to happen to these benefits as the CAB and the DV who help don't know? Thanks.

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Legacy Benefit Changes? 1 month 2 weeks ago #246918

Monty

At some time, now probably in the distant future, you will be migrated to UC but they are not going to do so in the immediate or even mid-term.

You are correct, the SD Premium presently bars you from claiming Universal Credit.

Glad to hear that you are now in a safe place, please try and put your concerns about UC to one side.

Gordon

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

Legacy Benefit Changes? 1 month 2 weeks ago #246935

Thank you. Just another question if that's ok. I have been paying for an NHS pre payment certificate for help with prescriptions. I cancelled my direct debit yesterday as I was told awhile ago that because I am now on income based ESA I am eligible for free prescriptions. I just hadn't got around to cancelling it months ago due to everything that has gone on. I was then contacted yesterday by the NHSBSA who said because I'm on contribution based benefits I am not eligible for free prescritions and asked me to read out by benefit letter which doesn't explicitly say you are on income based ESA so they kept telling me I was wrong. I am also now in receipt of Severe Disability Premium and enhanced premium, housing benefit, council tax benefit and child tax credits. I am also only since January able to have free school meals as my benefit changed and the school checked with the DWP and said that now I am entitled to free meals. I told the NHSBSA all of this and they are saying I am still on contribution based ESA and told me to ring the DWP and get another letter from them stating you are on income based ESA so I told them to ring them with my permission as I don't want to talk to them. They said they couldn't due to data protection laws even though 2 years ago I had a prescription from a dentist and didn't pay because the dentist said I would be covered by my pre payment prescription card and the next thing I know is I'm being fined as I was on contribution based ESA. I was just wondering if you know how I can sort this out. I don't want to phone the DWP as I have a hard enough time speaking to people due to being very anxious, but the NHSBSA will not sort this out and are threatening to fine me if I carry on getting prescriptions without paying them. Thank you for your help.

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Legacy Benefit Changes? 1 month 2 weeks ago #246950

Monty

So. I am giving the NHSBSA an F (Fail), this is really basic stuff!

So, the ESA Premiums are only payable if the claimant is entitled to Income Related ESA, you are receiving the Severe and Enhanced Disability Premiums so you are receiving Income Related ESA and you are entitled to passported benefits such as Free Prescriptions.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: by Gary.

Legacy Benefit Changes? 1 month 2 weeks ago #246964

Thanks. Unfortunately I haven't got a letter stating all that from the DWP and the letter they gave me doesn't say that I am on Income based ESA, but I am because I'm receiving the coorect money that the CAB calculated last year, exact to the penny. The NHBSSA unfortunately want a letter stating all of this. The letter I have has been accepted by my dentist, optician, district council when I was applying for housing benefit/council tax, housing association and chemists, child tax credits agency etc but the advisor said that all of these organisations have been giving you the wrong advice. I honestly just give up.

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Legacy Benefit Changes? 1 month 2 weeks ago #246969

Monty

If you don't have a letter from the DWP stating that you are receiving the Premiums then I would not risk treating the prescriptions as free, the fines are quite significant.

Contact the DWP office dealing with your claim and ask for an Entitlement Letter with an explanation of how your payment is made up.

Gordon

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