Employment and Support Allowance (ESA)
If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.

ESA income related top up

I am really in need of some help guys , after working since I was 16 I unfortunately took seriously ill in Oct 2015 causing my employer of 19 yrs to end my contract on grounds I’ll health and I left with nothing , I applied for benefits for the first time and was told I was entitled to esa CB and placed in support group which I have been in since 2015 but no one assessed me for esa IR and due to an accident my husband wasn’t working , we have 3 young kids ? After speaking with the bank workers charity they told me I should have received a esa IR top up back then so I filled out a form from the dwp and 12 wks later a reply states that I am entitled to IR esa at £109 a wk but they will only pay me esa CB at £109 instead as I paid enough tax so basically because I paid tax I am worse off can anyone advise me , I also was awarded pip in feb 2016 after 10 mths dwp wanted to reasses me and surprise surprise they removed my pip without notice but I fought it on my own even though they of course declined the MR I applied to take it to a tribunal where I waited 7 mths for a date ended up with mortgage arrears etc , went to the tribunal and won had it reinstated for 3 years and got my back dated amount within 3 weeks but they still haven’t corrected my esa also tax credit disability element is discrimination as because I was short on just 2 points on the mobility element I miss out on the  extra £3000 a year which is discrimination, I took my ex employer to court for unfair dismissal and the judge ruled that I did not suffer any financial loss as I was entitled to claim various disability benefits lol 4 years on and I’m still for fighting for them , any help appreciated x 

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    Does your partner work at all or does he receive any income? You say you ended your employment on ill health terms, do you receive any income from this? The letter you received could mean that because of income your or your partner receives then you're not entitled to any income related top up. If he doesn't receive any income and he doesn't work at all then you should be claiming ESA as a couple. 

    As for the disability element of tax credits unfortunately that's the rules and I don't understand when you state it's discrimination because you didn't receive the correct PIP award to claim that element. Is there any working tax credits being claimed now? 


    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • matthew04matthew04 Member Posts: 14 Listener
    Thank you for your reply , I don’t receive any income what so ever from my ex employer and didn’t get any  severance payment at all either , when I first was awarded esa cb my husband wasn’t working due to an accident at work and as he was self employed he received no sick pay but as he was registered as self employed we were told he couldn’t claim anything , he returned to work for 3 months and unfortunately ended up cutting his right hand with a broken glass door and tore all his tendons in his right hand so at present the only money we have is child tax credits , pip for me , child benefit and CB esa , we have mortgage arrears , council tax arrears and gas and electric arrears this is why the bank workers charity and my MP has stepped in to help us and the charity done a benefits full assessment and said I should have been given ir esa top up which would have taken my wkly esa to £175 a week , I’ve never had to claim benefits until I took I’ll so I don’t know enough about them x 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    As your husband isn't working and isn't entitled to CB ESA then you should be claiming ESA as a couple and your husband should have been added to your claim but that was something you should have done.  This will give you £114.85 couples ESA + £37.65 for being in the Support Group and £23.55 Enhanced disability premium (couples) total benefit should be £176.05 per week. The only problem you may have now is that if your area is a full universal credit area then you won't be able to claim as a couple, it will have to be UC. Check your area by putting your postcode into this link. https://ucpostcode.entitledto.co.uk/ucdate
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • matthew04matthew04 Member Posts: 14 Listener
    Thank you for that , when I do the turn to us calculator and other sites it gives me a figure of £171 maybe the calculators aren’t updated yet , my town isn’t UC and possibly not until 2022 so cabs in my area say. 
    Surely though when I was originally placed on cb esa back in 2015 someone should have asked if my husband was working or not especially since I’ve never claimed a benefit before for unemployment before ? Anyways my MP is dealing with it but I appreciate your help 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    The amounts I quoted are correct as from April 2018, they would have been slightly less in previous years.  You should check your area postcode because 2022 is 4 years and that really does seem a long time until your area goes full universal credit. 
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • matthew04matthew04 Member Posts: 14 Listener
    edited September 2018
    It states that all existing benefit claimants will be moved over in 2022 , hopeful by then I will be in remission and back to work if not my house will be up for sale Because no one can live on this amount of money with 4 kids , I think uc will be better as it’s all benefits in one at the end of every month that’s they way I was always paid by my employer [name removed by moderator] , then again hopefully here in Scotland we will have our own social security system , thanks for all your help appreciate it x 
Sign in or join us to comment.