Claimed Income related ESA using form ES3. Reply letter says must claim Universal credit. Why? - Page 2 — Scope | Disability forum
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Claimed Income related ESA using form ES3. Reply letter says must claim Universal credit. Why?

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  • poppy123456
    poppy123456 Community member Posts: 53,333 Disability Gamechanger
    I totally understand what you're saying. As i advised and the advice you've had from advice agencies that there shouldn't be any issues in you claiming the income related top up on your contributions based ESA, even though all areas are now a full UC area.

    The SDP i advised you about is part of the income related top up, which you're entitled to because you live alone as i advised.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Lilegg
    Lilegg Community member Posts: 60 Connected
    Poppy you are good!  You are helping me to know I can do this thing. At last gottit!

  • Lilegg
    Lilegg Community member Posts: 60 Connected
    I receive the basic mobility component of PIP and perhaps there is a conflict in their minds between this entitlement and SDP? No reason why there should be though. I will hope to speak to the organisation here that helped me - BUCFP welfare rights, as soon as I can and I know that's what my MPs office always recommend I do. Meanwhile I will send an email to my MP with my last award letter for ESA and this latest letter of telling me I don't qualify and must now claim Universal credit. 
    It is the weekend and the sun is out here and maybe is shining where you are so this is just an update to let you know my latest thoughts. There's no pressure from me to reply to this part unless you want to and if so, you're welcome to reply tomorrow. 
  • poppy123456
    poppy123456 Community member Posts: 53,333 Disability Gamechanger
    If it's just the mobility part of PIP you receive then unfortunately this won't entitle you to claim the SDP with your ESA. To claim this you must be claiming the daily living part.

    No sun here today, sadly. Hopefully the sun will return tomorrow :)
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Lilegg
    Lilegg Community member Posts: 60 Connected
    edited February 2019
    Hi Poppy I claim both so I am not sure what extra amount I should get now. I am already receiving single persons council tax discount thankfully.

    Ok I will send sun to you - happy to share it!  :)
  • Lilegg
    Lilegg Community member Posts: 60 Connected
    edited February 2019
    Hi Poppy, I've remembered that  I had to resend my form as I missed some answers. My claim was in November and I was sent a photocopy of my original form to fill out early this month after chasing up progress of said form. Perhaps they are treating it as a fresh claim? I think they should not but if I can't stop them deciding this I will be put on UC.
    I have sent all my info off now to BUCFP and my Mp.  - apart from  a copy of my form and I need to get help to do that.  :)
  • poppy123456
    poppy123456 Community member Posts: 53,333 Disability Gamechanger
    Hi,

    Are you saying that you started your ESA claim in November 2018? I thought you said that you started your ESA claim in 2015? or are you talking about the ESA3 form?
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Lilegg
    Lilegg Community member Posts: 60 Connected
    edited February 2019
    my claim began in 2015 or early 16 . This latest one was the ESA3 form in Nov 2018, yes. I then had to fill in missing areas when they sent it back to me. I had left some areas blank accidentally having received telephone assistance to fill the form in.  That was on the 6th. My cognition is impaired when I am very stressed. 
  • Lilegg
    Lilegg Community member Posts: 60 Connected
    Let's make that clearer. Sept 2015 breast cancer diagnosed but worked for a couple of months until too sick then claimed ESA end of 15 start of 16.
    In November 2018 I have parted with my partner and so I need to claim a top up of my ESA which is contributions based. I was advised I now needed Income related so applied by sending a completed form ESA3 on 18th Dec 2018.
    I followed up with a call in late January this year because I had expected a quicker response and needed my money. This, together with my MP writing to them speeded things up so that I received a form to fill in and I sent it off promptly on 6th Feb this year. The issue was that I had not filled it in properly - a lot of answers were missing. I had filled it in with telephone help and have learned the hard way that this doesn't work for me when I am getting activated with symptoms.
    So, as soon as the form came back I sent it away and the letter quoted from at the head of this thread has been the result.

  • poppy123456
    poppy123456 Community member Posts: 53,333 Disability Gamechanger
    I'm starting to think that it's New style ESA that you claimed back at the very start of your claim. If i am correct then it won't be possible to claim any income related top up on this ESA because it's contributions based.

    If you have claimed the old Contributions based ESA then claiming an Income related top up would have possible.

    It's very confusing between Contributions based (old style) and New style.

    I'd advise you to ring DWP and ask them is it New style ESA that you're claiming. Or have a look at a recent letter of your award for ESA and check the phone number at the top. If it's New style ESA then the number will be different.


    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Lilegg
    Lilegg Community member Posts: 60 Connected
    edited February 2019
    Hi Poppy, The number on my letter is for contributions based and income related. So the number is 0800 1690310. This may be better news for me.

    Any thoughts? I am inclined to get in touch with a W Rights person and also call my Mp before calling the ESA people. It will feel good to have you and them ready in the background if things get awkward. I feel they should not and can't transfer me to UC.  :)

  • poppy123456
    poppy123456 Community member Posts: 53,333 Disability Gamechanger
    Yes, that's the old contributions based ESA.

    Please be aware of using names on the forum because scope don't allow that.

    All you can do really is what i advised. Hopefully you'll get some answers from them. Good luck.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Lilegg
    Lilegg Community member Posts: 60 Connected
    Ok will edit now. Thanks! I will follow your advice and have already emailed the relevant people so can go for it immediately tomorrow.
  • poppy123456
    poppy123456 Community member Posts: 53,333 Disability Gamechanger
    Ok i knew i'd read something a few months ago and been trying to find where i'd read it so i could put the link up for you. I found it, took me forever lol.

    Taken from that link. Take note of the last sentence in bold. What you need to do is ask for a supersession. This is when you ask DWP to look at the original decision again and to change it. Extremely complicated to explain on a forum thought but doing this you'll be able to claim the income related top up.

    When does natural migration occur?

    Migration to UC is complete in any case where a claimant makes a new ‘claim’ for UC.1 (‘Claim’ is not defined, and arguably someone who withdraws the claim before it is decided, or whose claim is defective, has not made a claim, but this point is yet to be tested.) A claimant who makes a new claim for jobseeker’s allowance (JSA) or ESA may well feel obliged to claim UC, having found that her/ his income-related ESA has been abolished – see below.

    But other scenarios are possible. For example, a claimant who relocates to a UC full service area is unable to make a new housing benefit claim and is likely to feel obliged to claim UC instead. An ESA claimant in a full service area who has a first child will not be able to make a new claim for tax credits, and again may well claim UC instead. In both cases the result is that all legacy benefits, including income-related ESA, are abolished. But a claimant getting old-style contributory ESA can still top this up with income-related ESA, rather than UC: the addition of income-related ESA would be by way of a supersession rather than a new claim for ESA.



    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Lilegg
    Lilegg Community member Posts: 60 Connected
    Poppy this is brilliant. I feel well prepared now to do this and I am so grateful for your compassion, doing all this at the weekend for me. Wishing you opportunities to enjoy the spring sunshine very soon.  <3
  • poppy123456
    poppy123456 Community member Posts: 53,333 Disability Gamechanger
    You're very welcome! Please speak to welfare rights about the supersession and they will help you do that.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Lilegg
    Lilegg Community member Posts: 60 Connected
    Thank you Poppy. I can speak to Welfare Rights when they open tomorrow.

     I am trying to move home to somewhere with much better environment ( less mouldy and noisy) and with lower upkeep, possibly not too far from where I now live. I hope being on UC, if I do get put onto it, would not effect that process adversely. There is some protection of money from selling one's home under ESA but things may be less reliable under UC. Does anyone know?  Asking this question to help me to stop worrying and put me on the right track with any research I need to do. also to help me assess how hard I need to fight as energy must be directed to being well not battles wherever possible. Oh yes, I will need to start a new question for this matter but if helps me to write it first here so I beg indulgence.

     Get my supersession advice first.
  • Lilegg
    Lilegg Community member Posts: 60 Connected
    Hi Poppy and anyone else. My supersession might be tomorrow. That is, I have a meeting with Welfare Rights at which they will make a call and perhaps the supersession will happen then? I will take my latest letters but don't have complete tabs on all the other letters going back because something happened to some it. I should be able to recover most but not all by tomorrow. 
  • poppy123456
    poppy123456 Community member Posts: 53,333 Disability Gamechanger
    Hi,

    You won't have the decision tomorrow. With a supersession you need to request it first and then a decision maker looks at your claim to see if the original decision can be changed because you're claiming contributions based and you want to claim the income related top up. As all areas are not a full UC area then this will be the only way to claim the premiums but it can take at least a few weeks.




    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Lilegg
    Lilegg Community member Posts: 60 Connected
    That gives me time to get more of my papers nailed down and in order which I need to do anyway. I can get my thoughts together likewise. I will sleep easier tonight. Thank you again Poppy!

Brightness

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