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Legacy benefits

Auldyin

How many people in the group are still on legacy benefits and HAVE and ARE losing out? I've been getting ESA contribution and income related benefits since 2015, entitled to income BUT because I'm entitled to (we know it bull $**t we are moved to the back of the q.) an excuse to deny us what we are actually entitled to. We have lost out through covid and are now losing out on the £600 uplift, I'm also unfortunate as my benefit transfer over to the Scottish gov (where I will be better off is being held back.) Disabled people deserve better.

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Comments

calcotti

If you are getting income based ESA you would be entitled to the £650 CoL (if that’s what you mean by the ‘£600 uplift’). You haven’t given any information on your situation to comment on.

Auldyin

cALCOTTI I'M entitled to Income related but the Tory gov won't or haven't move me over since I was entitled in 2015 like many disabled so like me they lose out and have lost out like the £20 uplift.

calcotti

The £20 covid uplift is now in the past (although there is I think another legal proceeding still outstanding). If a benefits calculation shows you would be better off on UC you can claim UC and than will end your income based ESA , but once you start a UC claim you cannot change your mind. I still don’t know what you meant by the £600 uplift.

If your ESA includes a SDP then you will likely be worse off on UC.

Auldyin

I'm entitled to income but i'm being kept on contribution, that's why my benefit was renamed contribution and income, it saves the tory gov paying what I'm entitled to with my long term NI contributions. not just me many many thousand of disabled uk wide. basically left to rot after contributing. Check out the £20 uplift that disabled never got.

Auldyin

l'LL try again did you get the £150disabled payment for fuel?,I did but if I was moved over when I should have been to u credit I would receive an extra £600+ but because the DWP /tory gov have held back on legacy benefits disabled claimants lose the payment like they lost out on the £20 uplift. the gov are keeping disabled people out of what is available to them.If I move over on my own without the DWP DOING it I have to reapply for benefits I've been told they will transfer me and other vulnerable too.

poppy123456

Auldyin said:

I'm entitled to income but i'm being kept on contribution, that's why my benefit was renamed contribution and income, it saves the tory gov paying what I'm entitled to with my long term NI contributions. not just me many many thousand of disabled uk wide. basically left to rot after contributing. Check out the £20 uplift that disabled never got.

If there's deductions in your ESA for other income such as pensions/partner working then any Income Related top up you're entitled to will be reduced. If you're entitled to contributions based this means your ESA can't be reduced any further than £117.60/week (support Group) Unless you're receiving a pension that's more than £75 per week.

It's impossible to advise without more information.

Are you living with a partner? Do they work, have a pension?

The £20 uplift you're talking about was quite sometime ago and you could have moved across to UC yourself. As it's means tested then whether you're entitled to anything will depend on your circumstances.

Auldyin

The headline in this article is the government are letting down the disabled. Don't you get it? I'd hate having you represent me.

poppy123456

Auldyin said:

The headline in this article is the government are letting down the disabled. Don't you get it? I'd hate having you represent me.

There really is no need to be rude! Which artical are you talking about? If you want advice on your benefits then you really need to give more information.

Auldyin

My ESA IN A SUPPORT GROUP IS £235.20 EVERY 2 WEEKS.

calcotti

Auldyin said:.. gov have held back on legacy benefits disabled claimants lose the payment like they lost out on the £20 uplift.

They are way behind on managed migration but no one is now holding people back from UC. On the contrary the government is encouraging people to switch (but for many that would be unwise because they will be worse off).

If you get an SDP in your ESA then you were prevented from switching to UC for a time but would have been getting quite a lot more money on ESA with the SDP than you would have got on UC.

Auldyin said:

I'm entitled to income but i'm being kept on contribution, that's why my benefit was renamed contribution and income,

You ESA would not switch from inc9me based to contribution based. An old AeAsA claim was always for both contribution and income based ESA and if entitled you would get contribution based ESA and income based ESA would be added as applicable.

Auldyin said:

If I move over on my own without the DWP DOING it I have to reapply for benefits I've been told they will transfer me and other vulnerable too.

Even under managed migration you will be required to make an application for UC, you will simply be invited to apply for UC and will be told your existing income based benefits will end (regardless of whether or not you do apply for UC).

poppy123456

Typing using capital letters is classed as shouting so i would appreciate if you didn't continue to do that please.

You still haven't given enough of information for anyone to be able to advise you. You also didn't answer any of my questions here.

poppy123456 said:

Are you living with a partner? Do they work, have a pension?

calcotti

Based on the amount you are indeed only being paid contribution based ESA. Because you haven’t answered any of the questions asked about your circumstances we could only speculate on why you don’t get any income based ESA. However it is likely that if you only got income based ESA you would be receiving less money.

Even if you applied for UC you would still receive contribution based ESA and it would be deducted from any UC payment. If you are not receiving any means tested benefits you will never be required to migrate to UC.

Auldyin

Yes I have a partner, and she works. We also have a mortgage 2 sons a university and college not working.

poppy123456

Auldyin said:

Yes I have a partner, and she works. We also have a mortgage 2 sons a university and college not working.

Then the first £20 of your partner earnings are disregarded. After this your ESA will reduce £1 for £1. If you weren't claiming contributions based then your entitlement could well be reduced to zero.

Have you used a benefits calculator to check entitlement to UC? Your ESA will be deducted in full from any UC entitlement. You will be entitled to the LCWRA element from the start of your claim.

You will need to put yours and your partner details into it, https://www.entitledto.co.uk/benefits-calculator/Intro/Home?cid=ff19d5c5-bc23-4137-aa8f-d72192259011

A lot of Uni students have to work while studying, is your son working?

You won't be able to claim for help with your mortgage.

Are you claiming either PIP or DLA for yourself?

gjw59help

I can sympathise with Auldyin CB ESA is not supposed to be "Means Tested" but it suits the DWP to take your partners income to account as well so they get you both ways and for some time now people on "Income Based" benefits have been given a lot more money than CB claimants whilst being just as poor and vulnerable!

poppy123456

gjw59help said:

I can sympathise with Auldyin CB ESA is not supposed to be "Means Tested" but it suits the DWP to take your partners income to account as well so they get you both ways and for some time now people on "Income Based" benefits have been given a lot more money than CB claimants whilst being just as poor and vulnerable!

The reason why the OP is only claiming contributionn based is because their partner is working and only the first £20 of the partners earnings is ignored. After this their ESA will be reduced £1 for £1. Therefore, it's very likely that their ESA would be less is they weren't claiming contributions based.

Your situation is very similar except your partner receives their state pension. If you were claiming Income Related your ESA would be less per week. All this was advised in your previous thread here. https://forum.scope.org.uk/discussion/88566/income-based-versus-contribution-based-benefits#latest