Employment and Support Allowance (ESA)
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Cold Weather payments

I just wanted to bring this up do people know that when you get ESA IR top up it entitles you to receive cold weather payments so for the last 7 years ive missed out on help towards my heating bills, do you think DWP will look into this for their mistake and maybe consider also paying out on the years off cold weather payments being missed.
I myself think they should as its been hard having to find the money for the heating during cold spells.

Replies

  • atlas46atlas46 Member Posts: 827 Pioneering
    Hi @anth22

    My reading of Disability Rights Handbook, 43rd edition.

    You are not entitled to winter fuel payment, if you entitled to income related employment and support allowance (ESA). Chapter 29, par 5.

    Best wishes

  • PinPin Member Posts: 139 Pioneering
    That doesn’t sound right atlas, I got winter fuel payment when I was on IR ESA- was a few years ago but I got it every time the weather dropped to. Certain point.
  • atlas46atlas46 Member Posts: 827 Pioneering
    I am only quoting, DR handbook.  I suggest that @anth22, gets some advice from Welfare Rights Officer.


  • anth22anth22 Member Posts: 58 Courageous
    Hi thanks for your replies :) i only put this on here because DWP  told me IR Top Up means you can get Cold Weather payments, so will ring them again tomorrow to make sure the person i spoke to last time got their facts right :).
  • anth22anth22 Member Posts: 58 Courageous
    Just copied this off the GOV site,

    Eligibility

    You may get Cold Weather Payments if you’re getting:

    • Pension Credit
    • Income Support
    • income-based Jobseeker’s Allowance
    • income-related Employment and Support Allowance
    • Universal Credit
  • anth22anth22 Member Posts: 58 Courageous

    Income-related Employment and Support Allowance (ESA)

    You’ll usually get Cold Weather Payments if you get income-related ESA and have any of the following:

    • a severe or enhanced disability premium
    • a pensioner premium
    • a child who is disabled
    • Child Tax Credit that includes a disability or severe disability element
    • a child under 5 living with you
  • anth22anth22 Member Posts: 58 Courageous
    This is what i mean because loads off disabled people have not been paid IR top up off the enhanced disability premium we have missed out on the cold weather payments for years :(.
  • atlas46atlas46 Member Posts: 827 Pioneering
    Rock on.

    Go for it all the way, love it when a member of this community unearth's a little gems, like this.

    Let us know, how the phone call goes.
  • anth22anth22 Member Posts: 58 Courageous
    Will do atlas46 as soon as i have more information from DWP tomorrow i will let you all know :) im just angry that DWP knew about all this years ago and were prepared to sit back and watch disabled people struggle and suffer :(:(.
  • atlas46atlas46 Member Posts: 827 Pioneering
    It gets better.

    The DWP has cocked up (I could use a better word than cocked), in respect of the "transition " in 2011, from what was Incapacity Beneft to ESA.

    In that they have underpaid claimants, to the tune of £800 millions from 2011 to the present. Some claimants are now owed over £10,000 in underpayment. Not sure if this includes winter fuel, as you have identified.

    I would add that such claimants should also consider financial compensation from the DWP.

    I am tagging @zacthezebra as he has made a similar post to yours, a couple of days ago.

    In the meantime I am sending myself to the naughty steps, for thinking the DWP,
    are capable of treating disabled people with kindness and respect!!
  • anth22anth22 Member Posts: 58 Courageous
    lol make sure you stay on the naughty step for thinking such things :):) lol.
  • atlas46atlas46 Member Posts: 827 Pioneering
    Check out @zacthezebra

    For his opinion on ESA underpayment, I am still on naughty step !! 
  • [Deleted User][Deleted User] Posts: 273 Pioneering
    (Hi anth22, atlas46 and pin

    Someone mentioned Winter Fuel Payment, above.

    These are different altogether and are paid to people of a certain age who live in  the UK. 

    https://www.gov.uk/winter-fuel-payment/eligibility

    Gill_Scope)
  • anth22anth22 Member Posts: 58 Courageous
    Hi Gill Scope i did notice that but its ok as a lot off people mix the two fuel payments up :). My post does say Cold Weather not Fuel which i know is for people off a certain age.
    I have emailed the legal department and my MP about the cold weather payments being missed all those years through no fault off disabled people and im just waiting for a response from them.
  • [Deleted User][Deleted User] Posts: 273 Pioneering
    That's good anth22 - thanks for this message. 

    Gill_Scope
  • Tra7cyTra7cy Member Posts: 33 Connected
    You only receive cold weather payments if it 0 degrees or below for 7 days on the trot, then you get £25, winter fuel payments are for pensioners, good luck tho x
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