Employment and Support Allowance (ESA)
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Housing benefit and Contribution ESA

Hello All
I was wondering if anyone can help with regards to receiving full housing benefit and contribution based ESA. Last year Housing Benefit sent me a letter stating that we were being paid over the limit on benefits and that we would have to pay £5.80 per week towards our rent as housing benefit cant pay the full amount anymore.
My recent letter from the DWP states that I am entitled to both contribution ESA and income related ESA. Although I am receiving C-ESA only as I am not interested in claiming IR- ESA as it is Universal Credit  and dont want to be on Universal Creditor and dont want to fill out their very intrusive ESA 3 form.
Since I am entitled to IR-ESA  why am I not entitled to the full amount of Housing Benefit I was receiving previously? I dont understand this. Can anyone help with this? Has anyone been through this dilemma?


Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited March 2020
    HI,

    It will totally depend on your circumstances as to how much housing benefit you're entitled to. Do you live with a partner that works? Do you rent from social housing or privately? Difficult to advise without knowing all of your circumstances. Using a benefits calculator, if filled in correctly will tell you how much you're entitled to. https://www.entitledto.co.uk/

    Claiming the Income related top up on your ESA doesn't mean you'll have to claim Universal Credit. It depends whether you're claiming the old Contributions based ESA or the New style ESA. If it's the old Contributions based ESA then the Income related top up can definitely be claimed.



    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.
  • BaileybBaileyb Member Posts: 12 Listener
    edited March 2020
    Hi Well I have a partner and he gets C-ESA £111.65 pw and I get C-ESA at £45.50 pw and Carers allowance of |£66.15pw. So altogether our income is £223.30pw.  This is not including HB, just the C-ESA and Carers allowance.
    We live in social housing.
    I have already done entitledto and turntous calculators and both sites say we should be entitled to full HB. And since both those websites states that we should get the full amount of Housing \Benefit, I dont understand why am not getting it. When I phoned the HB office and tried to explain about this they just said they are basing it on the applicable amount that a couple are entitled to is £214.35pw..if am eligbile for IR-ESA and the IR-ESA is the same amount each week as the C-ESA, then why am I not getting the full amount of HB I was getting before?
    I prefer to be on C-ESA as am not interested in applying for IR-ESA. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Something isn't right here because you say you're claiming CB ESA for yourself of £45.50 per week and you also claim Carers allowance. This must be Income related ESA because you can't claim CB ESA and carers allowance at the same time because they are classed as overlapping benefits.

    A benefits calculator is only as good as the information you put into them.

    The amount of housing benefit you're entitled to will depend on whether you rent from social housing or a private landlord. Difficult to advise here without knowing which one you're actually renting from.
    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.
  • BaileybBaileyb Member Posts: 12 Listener
    Hello
    I can assure you that I do get Carers allowance of £66.15 pw and I get contribution based ESA at £45.50pw. I do not get any IR-ESA  at all. I am  not going to apply for it.The total amount being the same as if I was just getting the contribution based ESA. £111.65pw. As I said we live in social housing.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited March 2020
    Then that is not correct because carers allowance and Contributions based ESA can't be claimed together. See link for confirmation of what i advised and scroll down to "if you get other benefits" https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/carers-allowance/

    What it means is that because Contributions based ESA is more than the carers allowance, you should just receive the carers allowance.

    May i ask which group you are in for ESA?

    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.
  • BaileybBaileyb Member Posts: 12 Listener
    edited March 2020
    hello
    I can only go by what it says on my most recent DWP letter. Here is what is says on the back of the most recent letter 2020
    The payment of Employment and Support Allowance is based on your National Insurance contribution records and any additional amount the law says you need to live on.
    Living expenses  for you and your partner                                                         £114.85
     Extra money because you are a carer                                                              £ 36.85
    Extra money because of the Disability Income Guarantee                                £24.10
    Limited capability for work addition
    Extra money because you are in the support group                                           £ 38.55
    Which gives a total income related amount                                                        £214.35
     Income and Benefits  
    Carers Allowance for you                                                                                     £ 67.25
    Employment and Support Allowance for your partner                                         £  79.75
    Employment and Support Allowance for your partner                                         £ 32.44
     Your total income                                                                                                £179.44
    Your income related amount is £214.35 less £179.44 so you would
    have been entitled to                                                                                            £ 34.91
     However because you are entitled to contribution based Employment and
    Support Allowance  we will pay you                                                                     £ 44.40
    The amounts on this page apply from 2 April 2020

    I am not sure if you are familiar with this but this is the information on the back page of the DWP letter.
    On page 1 of the letter it states that 
    You are entitled to both contribution based and income related Employment and Support Allowance.


  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Thanks for that. You are claiming as a couple but your partners Contributions based ESA is deduction £1 for £1 from your ESA entitlement.

    I have no idea why you're not receiving the full housing benefit, unless your landlord is charging extra for a service charge, which isn't always paid with housing benefit. If you haven't already contacted your landlord to ask if there's any services charges with your rent then it will be worth ringing them to ask. See link regarding service charges. https://www.entitledto.co.uk/help/Eligible-rent-for-Housing-Benefit-and-service-charges


    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.
  • BaileybBaileyb Member Posts: 12 Listener
    edited March 2020
    My partner gets his C-ESA paid separately from mine. We each have our own claim so we are not claiming as a couple. I get my C-ESA and he gets his C-ESA. The rent is nothing to do with service charges. The rent I pay as HB wont give me the full amount as they used to is £5.81pw. It is all clearly detailed in a letter. The HB say this is because we are getting more than the applicable amount of £214.35 pw. We get £223.30pw. Which is £8.95 more. Even though as I have said we would get the same amount of money if we were both getting IR-ESA so it doesnt make sense to me.
    I have asked the scope helpline but they couldnt help me with this issue, and they suggested I write in to the community forum. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    The living expenses for you and your partner means that your claim is calculated as a couple because £114.85 per week, is couples rate. Which is why your ESA is part Contributions based and part income related. This is why a lot of people get confused with letters from DWP because they are difficult to understand. 

    I have no idea why your housing benefit isn’t paid at the full amount. A visit to your local advice agency is advised because then you can take all of your paperwork with you and they will be able to advise you correctly. 

    I’m sorry I can’t be of any further help. 
    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.
  • BaileybBaileyb Member Posts: 12 Listener
    by the way I get a detailed report from the housing authority  who I rent from about rent service charges etc, so I do understand that the HB is not to do with service charges.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I was just trying to help by thinking of what the reason could be. Sorry I can’t be of any further help. Speaking to an advice agency for face to face advice would be my next step, if it was me. 
    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.
  • BaileybBaileyb Member Posts: 12 Listener
    ok thanks for trying. We both get C-ESA so maybe thats why the HB take some money off. Unfortunately due to government cuts both my local CAB offices have closed and there isnt anything even close to where I live.
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