Is this CB only or mixed CB and IR?

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Pseudonym
Pseudonym Online Community Member Posts: 17 Connected
edited November 2020 in Employment and Support Allowance (ESA)
I have a complicated history affecting my ESA claim, which I won't go into. The ins and outs of my situation are not relevant to my question, as I am asking about interpreting my latest ESA letter, rather than questioning whether the decision is correct or not. (I think the amounts are correct, according to the rules I've read in the Decision Makers' Guide, so let's work on that basis.)

The letter says the payment is based on my NIC record and any additional amount the law says I need to live on. It gives an IR entitlement calculated as £34.57, but as I'm entitled to CB ESA I will get 113.55.

I know that some 'old style' ESA claims (which mine is) are a combination of CB and IR. As my CB amount (113.55) is higher than the IR amount (34.57), does this mean my current claim is CB only, or is it a mix of IR and CB? Is the IR always the top up, applied only if this increases the payment amount, or can there be an IR amount with a CB top up?

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  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    edited November 2020
    Hi,

    Contributions based ESA support group is £113.55 per week, which is part of your claim. As you don't have any other income/savings then you're entitled to the income related top up, which for you is the Enahnced disability premium which is £17.10 per week (£34.20) every fortnight.

    The income related part is means tested but the contributions part isn't. Not everyone is entitled to the top up because it depends on their circumstances, such as living with a partner that works or savings/capital.

    Potentially part of your claim could be CB but do be aware that ESA letters are well known for being extremely confusing. Depending on the reasons for your question today, it maybe better to ring them and ask exactly what your ESA claim is.

    The correct wording when your claim is made up of 2 parts is CB with an Income related top up, rather than the other way
    around.

    Whether part of your ESA is CB will depend on your circumstances before you first claimed it. Were you working in the previous 2 tax years or were you previously claiming Incapacity benefit?
  • Pseudonym
    Pseudonym Online Community Member Posts: 17 Connected
    Some or all of my claim is definitely CB (old style). If the IR is always the top up and never the other way round, and my amount is equal to the CB amount, that tells me that I am not receiving any IR ESA, which was my fundamental question.

    Phoning is not a viable option for me and DWP does not respond to my letters, which is why I turn to online forum from time to time, especially while face to face services are unavailable.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    edited November 2020
    CB is £113.55 per week, as you're receiving more than this then part of it is most definitely Income Related. I hope this has answered your question.

    This link will confirm my advice is correct. https://www.gov.uk/employment-support-allowance/what-youll-get

    You’ll be placed into one of 2 groups if you’re entitled to ESA. If you’re able to get back into work in the future, you’ll be put into the work-related activity group. Otherwise, you’ll be put into the support group.

    You’ll get:

    • up to £74.35 a week if you’re in the work-related activity group
    • up to £113.55 a week if you’re in the support group

    If you’re in the support group

    If you’re in the support group and on income-related ESA, you’re also entitled to the enhanced disability premium.



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