Employment and Support Allowance (ESA)
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Disability Premium question

zacthezebrazacthezebra Member Posts: 31 Connected
Hi everyone I hope someone may be able to give me some advice. This is quite complicated but I will do my best to explain as clearly as possible sorry for the long post.

I was migrated from IB to CB ESA early 2012 and placed in the support group. I had been receiving incapacity benefit for 6 years when I was migrated.
My award was as follows.
Living expenses £67.50
Support group £32.35
Total income-related amount £99.85
It then says "however because you are entitled to contribution -based ESA we will pay you" £154.60
The letter says  £54.75 is a top up payment so I won't receive less than I did on IB.

I believed there should have been a income based top up so early 2013 I filled in an ESA3 form.
My award after the ESA3 form was changed to this.
Living expenses £111.45
Extra money because of the Disability income guarantee £21.30
Support group £34.05
Total income-related amount £166.80
The letter states this is an income related amount.
I didn't think you could be moved to income based ESA from CB without a break in your claim so called the DWP.
I was told my claim was contribution based with an income based top up. I didn't think anymore about it and was glad of the extra money.
During this claim my wife used to tick the back of my prescriptions that we received income based ESA. This will become important later.

In 2015 our son was awarded DLA MRC so my wife applied for carers and was awarded it.I informed the DWP and received a new claim letter.
Living expenses £114.85
Extra money because your partner is a carer £34.60
Extra money because of the Disability income guarantee £22.60
Support group £36.20
Total income-related amount £208.25 (we never got this amount.)
Income and benefits
Carers allowance for your partner £62.10
Your total income £62.10
Your income related amount is £208.25 less £62.10 so you would have been entitled to £146.15
The letter than says " however because you are entitled to contribution-based ESA we will pay you £154.60
The letter says £45.30 is a top up payment so I won't receive a reduction in the level of benefit entitlement.


I contacted the DWP because I needed a letter stating what type of ESA I received this was 2018. When I got the letter it stated I was awarded income based ESA from the date I was migrated to ESA. This contradicted the paperwork I had when migrated and after the 2015 award letter so again I contacted the DWP and was told I was receiving income based ESA . I said this was not correct but they insisted they were right. A few months later we received a letter from the NHS we had been fined £100 for not completing a prescription correctly. My wife had ticked income based ESA and the DWP had informed the NHS I was receiving CB ESA I called the NHS and the fine was removed.
So again I had to contact the DWP and told them what happened the lady said I was receiving income based ESA so we should not have had a fine. I said my letters state after 2015 my award was again CB ESA after some investigation the lady said my claim had mistakes in it and she would refer my case to another dept to rectify the claim.

A few weeks later a claim statement arrived stating I was indeed receiving CB ESA from 2015. Only a few days later an ESA form came regarding the backdated ESA from when I was migrated. I have filled this in and sent it off I am confident I will get some form of backdated payment because of the 2013 ESA 3 form. The form is only looking at dates from when I was migrated to ESA and to when I filled in the 2013 ESA 3 form.

I have added all the information above because I don't know if award amounts are relevant.
My question is if my original migration should have had an income based top up should I have received one of the disability premiums because I was in the support group? also from 2013 to 2015 I did receive an income based award so should a disability premium have been added then?
I am asking because as I said earlier in this post the DWP are only looking at the dates on the front of the ESA form not at my claim from 2013 to 2015.
I was also in receipt of DLA LRC and HRB when migrated now I receive PIP enhanced for both mobility and care. I have tried to research the premiums myself but the more I read the more confused I get. I appreciate any advice and thanks for bearing with me for such a long post.




Replies

  • Silver925Silver925 Member Posts: 87 Courageous
    Hi Zacthezebra If you should have been receiving an income related top up when you migrated from IB then you should probably have had a premium. It might have been Enhanced Disability Premium if you were in the Support Group. There is a Severe Disability Premium but not sure whether you need to be receiving other benefits besides ESA perhaps someone else could comment on that. I think they are only looking at dates given on front of form.If you receive Pip I believe you should get Severe premium. You should get premiums any time if your ESA is IR. 
  • zacthezebrazacthezebra Member Posts: 31 Connected
    edited April 2019
    Thanks for the reply. I am sure I should have received a top up when migrated because our circumstances were identical 2013 when I completed the ESA3 form. From research I can only find information that states EDP is paid on a income based ESA claims none of the sites I found mention CB ESA with income based top ups. Although in my case the DWP are sure I was changed to income based ESA 2013 after completing the form which means I may have been eligible for a disable premium, well at least until July 2015.

    The DWP did mention something interesting when I questioned what ESA award I was given, I was told when migrated I would have been assessed for income based ESA and CB based ESA and would have been awarded whichever was higher. I think I did read somewhere that apparently when migrated claimants should have been assessed for both groups.
  • Silver925Silver925 Member Posts: 87 Courageous
    Yes the enhanced premium now from April is £16.80 per week. Also if on pip could qualify for severe premium.
  • WaylayWaylay Member Posts: 915 Pioneering
    For severe disability payment: Does your wife get carer's for you?
  • zacthezebrazacthezebra Member Posts: 31 Connected
    edited April 2019
    Waylay said:
    For severe disability payment: Does your wife get carer's for you?

    Thanks for the reply.
    My wife claims carers for our son not for me because when she started claiming carers in 2015 I only got LRC DLA but our son was awarded mid rate care in 2015.

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

    to be eligible for the severe disability premium then your wife would also need to be claiming a qualifying benefit such as DLA mid/high rate care or PIP daily living. 

    For the Enhanced disability premium then you will need to wait to be assessed by DWP, which could take 12 weeks at least.
    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.
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