Employment and Support Allowance (ESA)
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Incapacity benefit to ESA(C) then to ESA (IR) age addition allowance

In 2012 I was migrated to ESA from IB. Due to injury at work, I was awarded age related allowances with my IB. When I migrated to ESA, my weekly allowance was £110.75. After 365 days on ESAC I had to claim ESA(IR) as I live on my own and noticed that I had lost my transitional protection and my income was reduced to £100.75.  Whilst I made no new claim and my circumstances didn't change I believe my income on migration would stay exactly the same until the transition period of April 2020 ended.  Having read a few discussions here and there, those on Income Support who were migrated to ESA wrac received transitional protection and this remained until their circumstances changed. Had I not been migrated to ESA (C) and instead ESA(IR) then I would not have needed to convert to another form of ESA and I presume I would still be receiving £110.75 which we were told on conversion was protected.  I am wrong on this matter or have the DWP pulled another fast one on us like those who are now claiming back thousands for DWP wrongdoing. Should I be getting onto the DWP about this or just stay quiet? (in short the difference in payment if they are wrong is approx. £2990 - £3330). Hope someone can help me put this matter to rest.

Replies

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

    I'm sorry but i don't know what age related allowances are. My knowledge is pretty good on the benefit system but no idea what that is. Do you mean you were claiming a pension?

    It sounds to me like you were placed into the WRAG when you transferred across to ESA and that's the reason why you were transferred to Income Related after 365 days.

    A pension will reduce any Income related ESA you receive but it won't reduce any Contributions based unless a pension is more than £85 per week.

    You should be contacted at some point by DWP because all those that did move across are being sent ESA3 forms to fill in an return. Once this is returned a decision can take between 12-20 weeks.


    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.
  • Mare62Mare62 Member Posts: 10 Listener
    Hi Poppy, Because I was injured at work I was automatically entitled to age related additions on my invalidity benefit  it was roughly £11-£15 per week.  This was carried across to incapacity benefit and was paid this amount in the first 365 days of ESA.  Whilst most people on IB roughly received £106 mine was almost £111 per week due to age additions and presumed this would be protected. As I stated when I was assessed for ESAIR they automatically took this off me despite being told my benefit was protected either on catch up or until April 2020.  I have filled out the ESA 3 and was told I received the maximum amount but the assessment was for 6 months only (ESAC) - Nov12-April 13. Given that I lost almost £11 per week, had I been assessed for IRESA prior to CESA then surely I would have been given the IR ESA as I was single and my condition was unlikely to get better in which case I would have had transitional protection on this element with no changes to follow after 365 days.  My argument on this is, when is transitional protection lost when no changes on my part have taken place.  I recently read a DWP Hansard document which states transitional protection is given to C & IR recipients.  I am not sure if the DWP is pulling a fast one here and fobbing me off, but I completed the sent esa 3 not to claim disability premiums or SDP but purely to see if anyone noticed that my transitional protection had been removed.  I suppose in short, this matter relates to who gets Transitional Protection and if I am entitled to it then quite frankly the DWP have made errors on another matter relating to benefit claimants.  We always presume they get it right but something is telling me this is another dwp error. The age additions added to invalidity benefit were not given to new claimants of Incapacity benefit and it is purely a top up like disability premiums etc.  I was put in the wrag section as I did want to do some work (I do a bit of invigilating) but did receive approx. 40+ points on my wca assessment - but not 15 for 1 particular descriptor otherwise I would have appealed for SG.  I have just requested all my medical documentation from the DWP under FOI.  I don't want to be writing to the DWP about the above matter until I have concrete evidence regarding transitional protection - who gets it and when you are likely to lose it.  
  • buzzerbuzzer Member Posts: 107 Pioneering
    From what I recall Transitional protection was in place until the rate of ICB came in line with ESA

    ICB LT basic rate in 2012 was £99.15 plus age related addition or transitional amount of  HR 11.70 or LR 5.90 upon migration you would have been getting £110.85 if you were on HR age addition or £105.05 on LR  both age additions were reducing each year.

    https://revenuebenefits.org.uk/pdf/dwp_benefit_rates_2012.pdf

    The following are the details with examples about transitional payments and may help you figure it out. 

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/245376/ib-reassessment-transitional.pdf

    SAR or right of access request to DWP for your personal data, you can make a request online 

    https://www.gov.uk/guidance/request-your-personal-information-from-the-department-for-work-and-pensions

    Good luck it may help you find the answers you need. 

    Try & be kind to one another even if we may have different views. 

  • Mare62Mare62 Member Posts: 10 Listener
    Hi Buzzer, thank you for your reply to my query.  You are very correct in the amount that I received £110.85 and yes this would reduce year on year.  Given the reduction and the length of time which has passed the amount should stand at approx. £104-£105 if transitional protection was afforded to me, which it isn't.  I don't want to write to the DWP until I have absolute evidence that they have been underpaying me for the past 6 years.  It is so much easier to be confident when you know you're right and it allows one not stand for the jibber the DWP throw at us when they are trying to dig themselves out of a big hole!! I did believe the esa3 form they sent would have resolved this matter but in the space of 6 weeks they merely told me I was getting the maximum benefit at time of conversion (I knew that) I was hoping the assessment would have looked at my conversion to ESAIR and the £10.75 per week drop - not a chance so I have to continue collecting as much info as possible before I go back to them on this one. I have actually requested medical details of the DWP as a document I received recently stated LCWRA which I believe is for the SG yet I'm still being paid the WRAG element.  I don't know much about the benefits system and like many would rather not be on it but that's life so once I receive the details from the DWP then I can see what they are up to as far as SG & WRAG - I do believe I may have gained ?15 points for one of the descriptors which I believe qualifies me for SG.  Thank you very much for your time - hope I can help you with a query one day.
  • buzzerbuzzer Member Posts: 107 Pioneering
    @Mare62 you’re welcome.

    Your answer possibly lays in the 2nd link I gave, only you know your exact circumstances but the erosion of transitional addition, example on page 12/19 (although figures relate to 2011 rates) could be where you find your money was reduced. 

    Erosion of transitional addition:
    On a further application of the Work Capability Assessment (WCA), the customer’s condition has improved and their ESA decision is superseded to award them the WRAC again. The customer’s ESA(C) entitlement reduces to £91.40 again. Their transitional addition remains £9.55. Their overall benefit entitlement is reduced to £100.95
    If you study this document in its entirety and further create a timeline when you receive all your paperwork, check your own DWP letter/files and historical bank statements of actual weekly or fortnightly payments received. paperwork will confirm which group you were in, as you say it changed from Support Component (SC) to Work Related Activity Component (WRAC) as it was known as then you were looking for work so the above could apply hence the possible reduction. 


    Try & be kind to one another even if we may have different views. 

  • Mare62Mare62 Member Posts: 10 Listener
    Hi Buzzer, I have never been in the support group.  I was given the WRAC group from the outset of migration and therefore was receiving £110.85 (IB amount) during the 365 days they say you qualify for ESAC based on NI. After the ESAC time ended (365 days) the DWP probably thought I would not be entitled to further benefit but they never bothered to ask upon migration what my income situation was.  As I was single and living alone they could have put me on ESAIR from the start ( I wasn't doing any work at this point) and this would have been ongoing without any changes and the above amount would have been protected hence I would not be querying this matter now.  I am aware that those claimants transferring from IS to ESA had their benefit entitlement protected until such a time of catch up or April 2020.  I migrated to esa in Nov 2012.  As I cannot find anything in their legislation that would warrant this reduction, I firmly believe that I have been short changed over the years.  I will await my requested documents then deal with this matter. I have the documentation showing what they paid 2012/2013 and my bank statements are still available to prove payment.  I don't think I'll be the only one wondering about the age addition and no doubt some claimants will have been fobbed off and lost out. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    All those that transferred from IB to ESA were placed onto Contributions based ESA, not Income Related. As you were in the WRAG not Support Group then once your 365 days were coming to an end you were assessed for Income Related. Contributions based always comes before Income related.

    If you had been placed into the Support Group then you would have kept the Contributions part for as long as you remained in the group.
    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.
  • mrsamrsa Member Posts: 2
    Hi mare62, I have a similar problem did you manage to sort the age addition out
  • Tori_ScopeTori_Scope Posts: 4,513

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