ESA income related top up...Please help!!

robdx
robdx Online Community Member Posts: 61 Contributor
in Employment and Support Allowance (ESA)
Hi 
I am on contribution based ESA old style in the support group(£117.10 pw), this is an ongoing claim since 2016. During a recent discussion with my MH case worker she was very suprised that I wasn't getting an income related top up, she says as I live alone(private rented), no other income that I should be getting an income related top up, equal to the enhanced disability premium of £17.75 per week(don't get PIP so could only get EDP amount). The article claims its based on a "need vs get" basis. Case worker also thinks that as my circumstances have been the same since the start of the claim I should have always got it. She advised me to ring DWP which I did to be told that new claims were close and to claim UC. When I informed the case worker of this she said she didn't think that was true and she sent me a link to this blog here.. 

Old Style ESA: Getting a New iESA Award   ..dated april 2021

the first example on that page(Amanda) applies exactly to my situation, there is also another article on that blog dated may 2022 that gives a similar example. Armed with information I have been back to DWP to ask for a supersession, yet they are still maintaining its a new claim but reading the above artice says its not a new claim. Citizens Advice also believes I should be able to get this and have told me not to be bullied into claiming UC instead. The DWP agent was very aggressive and even though she is sending a form out she said its a waste of time as she knows for a fact that i'm not entitled and only those migrated from incapacty benefit were ever entitled to the top up, however in the example given on the article above, the claim started in 2017 so would not have migrated. The artice also has a link to an upper tribunal case that confirms both elements of ESA are 2 sides of the same coin, not 2 seperate claims as DWP seem to be saying. It also states on CAB website it is possible to claim both elements at the same time. 

Its so confusing and feels like DWP are trying to fob me off, does anyone know the absolute facts here, and can anyone help me to make my next move on this 

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Comments

  • calcotti
    calcotti Online Community Member Posts: 10,001 Championing
    edited July 2022
    robdx said:
    She advised me to ring DWP which I did to be told that new claims were close and to claim UC. 
    That is wrong. You are not asking to make a new claim. A legacy ESA benefit comprises both contribution and income based entitlements depending on one circumstance, you are asking for your ESA entitlement to be reviewed. They should send you an ESA 3 to complete and return.

    Unless you specifically asked not to be assessed for income based DSA they should have assessed entitlement to both parts when your first applied.
    robdx said:

    ...she knows for a fact that i'm not entitled and only those migrated from incapacty benefit were ever entitled to the top up, ..

    Shows complete ignorance of what ESA is and how it works.
    robdx said:..both elements of ESA are 2 sides of the same coin, not 2 seperate claims as DWP seem to be saying. 
    Exactly so.

    (Are you 100% sure you are on the old ESA and not on new style ESA?)

    You should definitely seek to get the missing EDP paid with arrears.

    However you may also wish to get a benefits check done to see if UC would pay you more. In the absence of SDP I would expect your UC entitlement to be higher.

  • robdx
    robdx Online Community Member Posts: 61 Contributor
    @calcotti
    Hi and thank you for your reply, it is much appreciated

    Yes I am 100% sure it is old ESA, confirmed by DWP on first call and the fact my housing benefit still comes from local council. 
    The benefits check does show I would be better off on UC, however I won't look at changing until this is sorted, the last call to DWP has me rattled as she said filling out a form is pointless as I won't get the income based top up and 100% am not entitled to back pay, as that was only ever for those coming off incapacity to ESA 
  • calcotti
    calcotti Online Community Member Posts: 10,001 Championing
    edited July 2022
    robdx said:..that was only ever for those coming off incapacity to ESA 
    Complete nonsense. Indeed when they did the IB to ESA transfers they failed, in many case, to so the I-ESA assessments and it took 14 years or so for them to sort it out with some people owed as much as £20,000 in arrears. The issue that caused that was precisely DWP failing to account for the fact that contribution based and income based ESA are two faces of one benefit.

    Not only are you owed a lot of money but had you been getting income based ESA you would have been entitled to passported benefits such as free prescriptions and free dental care.
  • robdx
    robdx Online Community Member Posts: 61 Contributor
    calcotti said:
    robdx said:..that was only ever for those coming off incapacity to ESA 
    Complete nonsense. Indeed when they did the IB to ESA transfers they failed, in many case, to so the I-ESA assessments and it took 14 years or so for them to sort it out with some people owed as much as £20,000 in arrears. The issue that caused that was precisely DWP failing to account for the fact that contribution based and income based ESA are two faces of one benefit.

    Not only are you owed a lot of money but had you been getting income based ESA you would have been entitled to passported benefits such as free prescriptions and free dental care.
    Thankyou once again, not so much bothered about free care as got NHS2 certificate, it's the back payment could make the difference between staying in my house or losing it 
  • L_Volunteer
    L_Volunteer Community Volunteer Adviser, Scope Member Posts: 7,922 Championing
    You are welcome @robdx. It is the very least you deserve. It sounds really positive, and a relief, that you have NHS2 certificate.

    Hope the back payment helps! It sounds really tough that it could make the difference between staying in your house or losing it. How are you finding things at the moment?

    If we can do anything else to support you, we are here for you  :)
  • calcotti
    calcotti Online Community Member Posts: 10,001 Championing
    robdx said:..as got NHS2 certificate, ..
    That’s good.
  • robdx
    robdx Online Community Member Posts: 61 Contributor
    L_Volunteer said:
    You are welcome @robdx. It is the very least you deserve. It sounds really positive, and a relief, that you have NHS2 certificate.

    Hope the back payment helps! It sounds really tough that it could make the difference between staying in your house or losing it. How are you finding things at the moment?

    If we can do anything else to support you, we are here for you  :)
    Thankyou so much, it's a struggle, especially without the cost of living payment, have applied for discretionary housing payment but turned down as they say I'm not priority 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Once they add the top up you will then be entitled to the cost of living payment.
  • robdx
    robdx Online Community Member Posts: 61 Contributor
    Good morning everyone
    The ESA3 form has arrived this morning, big isn't it?? its a bit confusing as it says only fill out this form if your contribution based ESA claim has stopped and you want to claim income related, or already getting income related and a partner has moved in, now i'm worried this will bring about another hellish assessment
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Yes, it's quite a big form. The reason it's long is because you need to be assessed for the Income Related top up and they need to know all your details. It's nothing to do with Contributions based stopping because that will continue, you'll just be entitled to extra money because of the top up (Enhanced disability premium)
    It has nothing to do with any review of your current Support Group award. Reviews are also suspended anyway because of the backlogs with people waiting for their first assessment.
  • calcotti
    calcotti Online Community Member Posts: 10,001 Championing
    edited July 2022
    robdx said:.. now i'm worried this will bring about another hellish assessment
    Don't worry about that - it is a financial assessment, not a health assessment.
  • robdx
    robdx Online Community Member Posts: 61 Contributor
    poppy123456 said:
    Yes, it's quite a big form. The reason it's long is because you need to be assessed for the Income Related top up and they need to know all your details. It's nothing to do with Contributions based stopping because that will continue, you'll just be entitled to extra money because of the top up (Enhanced disability premium)
    It has nothing to do with any review of your current Support Group award. Reviews are also suspended anyway because of the backlogs with people waiting for their first assessment.
    Thank you so much, would you suggest adding a covering letter explaing I have never had the enhanced premium despite them knowing from the start of the claim that I live alone with no other income. I have an appointment with the citizens advice on tuesday morning, should I wait and fill in the form with their assistance 
  • calcotti
    calcotti Online Community Member Posts: 10,001 Championing
    Rather than a separate letter just make that statement part of the form - as far as I can recall there is a section for 'any other information' which you could include it in.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    robdx said:
    poppy123456 said:
    Yes, it's quite a big form. The reason it's long is because you need to be assessed for the Income Related top up and they need to know all your details. It's nothing to do with Contributions based stopping because that will continue, you'll just be entitled to extra money because of the top up (Enhanced disability premium)
    It has nothing to do with any review of your current Support Group award. Reviews are also suspended anyway because of the backlogs with people waiting for their first assessment.
      I have an appointment with the citizens advice on tuesday morning, should I wait and fill in the form with their assistance 

    It's up to you what you do.
  • calcotti
    calcotti Online Community Member Posts: 10,001 Championing
    Very much depends on how capable with filling out forms. Even if you want help from CA I would encourage you to complete everything you can easily do yourself and only fall anything you are sure about - that way you make the best use of your time at CA.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    bobby123 said:
    poppy123456 said:
    robdx said:
    poppy123456 said:
    Yes, it's quite a big form. The reason it's long is because you need to be assessed for the Income Related top up and they need to know all your details. It's nothing to do with Contributions based stopping because that will continue, you'll just be entitled to extra money because of the top up (Enhanced disability premium)
    It has nothing to do with any review of your current Support Group award. Reviews are also suspended anyway because of the backlogs with people waiting for their first assessment.
      I have an appointment with the citizens advice on tuesday morning, should I wait and fill in the form with their assistance 

    It's up to you what you do.
    Quick question how come you get ESA and not universal credit

    Because i haven't moved across to UC yet. Been claiming ESA since 2012/13. My ESA also includes the Severe disability premium and if i claimed UC now i would be a lot worse off.
  • robdx
    robdx Online Community Member Posts: 61 Contributor
    bobby123 said:
    poppy123456 said:
    robdx said:
    poppy123456 said:
    Yes, it's quite a big form. The reason it's long is because you need to be assessed for the Income Related top up and they need to know all your details. It's nothing to do with Contributions based stopping because that will continue, you'll just be entitled to extra money because of the top up (Enhanced disability premium)
    It has nothing to do with any review of your current Support Group award. Reviews are also suspended anyway because of the backlogs with people waiting for their first assessment.
      I have an appointment with the citizens advice on tuesday morning, should I wait and fill in the form with their assistance 

    It's up to you what you do.
    Quick question how come you get ESA and not universal credit
    Not changed over yet, its possible I might be better off but will not look to move until after this top up business is sorted out, plus getting paid housing benefit every 2 weeks is more convenient, rather than UC monthly 
  • robdx
    robdx Online Community Member Posts: 61 Contributor
    bobby123 said:
    poppy123456 said:
    robdx said:
    poppy123456 said:
    Yes, it's quite a big form. The reason it's long is because you need to be assessed for the Income Related top up and they need to know all your details. It's nothing to do with Contributions based stopping because that will continue, you'll just be entitled to extra money because of the top up (Enhanced disability premium)
    It has nothing to do with any review of your current Support Group award. Reviews are also suspended anyway because of the backlogs with people waiting for their first assessment.
      I have an appointment with the citizens advice on tuesday morning, should I wait and fill in the form with their assistance 

    It's up to you what you do.
    Quick question how come you get ESA and not universal credit
    Not changed over yet, its possible I might be better off but will not look to move until after this top up business is sorted out, plus getting paid housing benefit every 2 weeks is more convenient, rather than UC monthly 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    bobby123 said:
    poppy123456 said:
    bobby123 said:
    poppy123456 said:
    robdx said:
    poppy123456 said:
    Yes, it's quite a big form. The reason it's long is because you need to be assessed for the Income Related top up and they need to know all your details. It's nothing to do with Contributions based stopping because that will continue, you'll just be entitled to extra money because of the top up (Enhanced disability premium)
    It has nothing to do with any review of your current Support Group award. Reviews are also suspended anyway because of the backlogs with people waiting for their first assessment.
      I have an appointment with the citizens advice on tuesday morning, should I wait and fill in the form with their assistance 

    It's up to you what you do.
    Quick question how come you get ESA and not universal credit

    Because i haven't moved across to UC yet. Been claiming ESA since 2012/13. My ESA also includes the Severe disability premium and if i claimed UC now i would be a lot worse off.
    You are on this forum a lot can I ask what reasons you claim ESA for if you don't mind 
    Not sure what being on the forum has anything to do with claiming ESA. I find your comment quite rude and yes i do mind you asking the reasons why i claim ESA, that's my buisness.
  • Ross_Alumni
    Ross_Alumni Scope alumni Posts: 7,611 Championing
    edited July 2022
    bobby123 said:
    You are on this forum a lot can I ask what reasons you claim ESA for if you don't mind 
    Afternoon, hope you are well :) While there's nothing to stop you asking this question, it is worth noting that it can be quite a personal question for some people, so I'm sure you'll understand and accept that Poppy doesn't want to discuss that :) 

    Speaking from experience, it's one I've been asked before on quite a few occasions and while the intent behind the question is nearly always not negative, it can be a difficult question to be asked.