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

24

Comments

  • L_Volunteer
    L_Volunteer Community Volunteer Adviser, Scope Member Posts: 7,922 Championing
    That's ok @bobby123. We just wanted to explain why some people might not feel comfortable answering your question on this occasion  :)
  • robdx
    robdx Online Community Member Posts: 61 Contributor
    Hi all
    A quick update, the form has been returned via recorded delivery, received the following day. Had a text today to say they have it and should be in touch within 6 weeks 
  • Jaybird11
    Jaybird11 Online Community Member Posts: 4 Listener
    Hello robdx,

    Sorry to hear about the above problem. I am a LLB & LPC (Law) graduate currently a trainee Barrister and myself a disabled person. The stigma and unfair treatment I have faced throughout my own life has been the driving force behind me seeking a career at the Bar. I am now in my 50's and one step closer to achieving my goal.

    In joining this group I hope that I will be able to assist some of you with your deliberations.

    With regards to your post Rob, It would seem that you have the answer before you. If the decision taken by the UT is relevant to your own situation (and affected dates fit) it may be an idea to write to the DWP and raise your concerns with the outcome that you are seeking and why. I do not know the complete details about your problem therefore I cannot comment further however if you would like me to assist you with a letter to the DWP I would be happy to help. 

    To the administration team, if any part of my post is not allowed please do let me know and I will remove it immediately. Thank you
  • Jaybird11
    Jaybird11 Online Community Member Posts: 4 Listener

    I believe that filling in the form from the DWP at this stage may prove detrimental. May I suggest that you hold off on that until we have had the opportunity to discuss further rob, just my opinion. You may wish to proceed with the CAB and if you do I completely respect your decision. 
  • robdx
    robdx Online Community Member Posts: 61 Contributor
    Jaybird11 said:

    I believe that filling in the form from the DWP at this stage may prove detrimental. May I suggest that you hold off on that until we have had the opportunity to discuss further rob, just my opinion. You may wish to proceed with the CAB and if you do I completely respect your decision. 
    Hi Jaybird11
    I had an appointment with CAB last tuesday, the lady was very clued up and she went through the form making sure it was correctly filled in, she also drafted a letter. I believe she has covered everything. 
    Situation in brief:
    I claimed ESA in January 2016, I was assessed and put in support group and was awarded contribution based ESA (currently £117.60 pw)
    I do not claim PIP
    I live alone and have done since the start of the claim
    I get housing benefit at LHA rate (£85 pw) plus council tax reduction
    No other income from any source at any time since the start of the claim
    Both CAB and benefits advisor Mike Bolton have said I should be getting the enhanced disability premium as an income based top up, and should have been since the start of the claim
    Spoke with DWP who were not helpful but did send an ESA3 form which has been filled in and sent with a covering letter pointing out they were, or shoould have been aware of my circumstances from the start of the claim, so it needs looking at and back dating
    Had a text from DWP to say they have the form and I will hear from them within 6 weeks  
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Jaybird11 said:

    I believe that filling in the form from the DWP at this stage may prove detrimental.
    I’m not sure why you would think this. Based on what robed has said here there is entitlement to the Income Related top up. 
  • Jaybird11
    Jaybird11 Online Community Member Posts: 4 Listener
    Hi @robdx,

    Thank you for this update. I am mindful that the form ESA3 is a "change of circumstances" form and may activate an automatic UC flag, hence my comments above. The DWP can be unforgiving and quite brutal at times so I generally say to people to write a letter but not to sign a declaration as this can often frustrate a matter rather than supporting it. 

    I am happy to hear that you have received support from your local CAB and I wish you good luck with the submitted application. I hope the outcome is a positive one for you.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Jaybird11 said:
    Hi @robdx,

    Thank you for this update. I am mindful that the form ESA3 is a "change of circumstances" form and may activate an automatic UC flag, hence my comments above. 
    The ESA3 form is not a change of circumstances that will prompt a move to UC. No one is automatically placed onto UC. 
  • Jaybird11
    Jaybird11 Online Community Member Posts: 4 Listener
    @poppy123456,

    Thank you for your post however please note the 'may' and  'flag' in my comments above. These indicate possible (and a possible note on someones file). Very different to your own assumptions. 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Jaybird11 said:
    @poppy123456,

    Thank you for your post however please note the 'may' and  'flag' in my comments above. These indicate possible (and a possible note on someones file). Very different to your own assumptions. 

    Yes, i did note the "may" but it's still misleading because it's not a change of circumstances that would prompt a move to UC.
  • calcotti
    calcotti Online Community Member Posts: 10,001 Championing
    Jaybird11 said:
    Hi @robdx,

    Thank you for this update. I am mindful that the form ESA3 is a "change of circumstances" form 
    It is a financial change for ESA purposes only.
    It has nothing to do with UC.
  • robdx
    robdx Online Community Member Posts: 61 Contributor
    Still no further update.
    Is there anyway of getting an update? I know they said no need to contact but i'm getting really anxious as I saw someone I know who works at our local job center and she says not to get my hopes up as if I was entitled to this top up I would have automatically got it so there must be a reason why I didn't get it. She also says a DM will reject the claim as there is no way to prove my circumstances(as in its only my word I live alone and no other income). This person is another one who says this top up was only for those coming off incapacity benefit but did say she could be wrong. She 100% believes even if I get the top up I will not get the back pay..I knew it was a long shot as the DWP won't want to pay it so will come up with anything to avoid it
    I just need to know as i'm in rent arrears and my landlady wants a plan in place by 31st(tomorrow) or she will begin eviction proceedings, which is having a major effect on my health
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    It can take anywhere up to arround 12 weeks, sometimes longer for a decision. I would listen to the person from your local job centre because when claiming contributions based, the top up isn't automatically added. You need to be assessed before this can happen. As you've been claiming ESA since 2016 then it can take a while to assess your circumstances from all that time.
    All you can do is wait and once a decision is made you'll be sent the decision letter.
  • robdx
    robdx Online Community Member Posts: 61 Contributor
    poppy123456 said:
    It can take anywhere up to arround 12 weeks, sometimes longer for a decision. I would listen to the person from your local job centre because when claiming contributions based, the top up isn't automatically added. You need to be assessed before this can happen. As you've been claiming ESA since 2016 then it can take a while to assess your circumstances from all that time.
    All you can do is wait and once a decision is made you'll be sent the decision letter.
    Thanks Poppy
    Its just frustrating all this waiting, struggling to sleep and anxiety is through the roof. I honestly feel like ringing up and telling them to stop it as i'm convinced it will be a no as I wonder if its worth this stress and if I can't suggest a plan to sort the arrears on my rent by tomorrow i'm out anyway 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    In a previous comment you said you received the ESA3 form on 22nd July. From the time you posted it back to them it will have likely taken a couple of weeks to be added to the computer so you haven't been waiting that long. There was another member not that long ago that was waiting to be assessed for the Income Related top up and from memory it took around 9 weeks for a decision.
    If you have no other income and you live alone with no savings then i see no reason why you won't be entitled to the top up.
    I know it's stressful but there's nothing you can do until the decision is made.
    If you have rent arrears caused from a shortfall of housing benefit then you can apply for a Discretionary Housing Payment https://www.gov.uk/government/publications/claiming-discretionary-housing-payments/claiming-discretionary-housing-payments
    There's no guarantee you will be successful but you won't know unless you apply. If you have a shortfall of rent then you can also apply for help with that through the DHP.

  • robdx
    robdx Online Community Member Posts: 61 Contributor
    poppy123456 said:
    In a previous comment you said you received the ESA3 form on 22nd July. From the time you posted it back to them it will have likely taken a couple of weeks to be added to the computer so you haven't been waiting that long. There was another member not that long ago that was waiting to be assessed for the Income Related top up and from memory it took around 9 weeks for a decision.
    If you have no other income and you live alone with no savings then i see no reason why you won't be entitled to the top up.
    I know it's stressful but there's nothing you can do until the decision is made.
    If you have rent arrears caused from a shortfall of housing benefit then you can apply for a Discretionary Housing Payment https://www.gov.uk/government/publications/claiming-discretionary-housing-payments/claiming-discretionary-housing-payments
    There's no guarantee you will be successful but you won't know unless you apply. If you have a shortfall of rent then you can also apply for help with that through the DHP.

    Thanks again Poppy, think i'm just having a wobble

    I applied for DHP and was knocked back as single male living in private rented house deemed too big is not a priority, also applied to household fund but being on contribution based i'm not entitled to that either
  • L_Volunteer
    L_Volunteer Community Volunteer Adviser, Scope Member Posts: 7,922 Championing
    @robdx How have things been for you more recently? I appreciate it has been a little while since you last posted on this thread now.

    I want to make sure you have access to the support you need and deserve but I am also aware that things might have changed since.

    Please don't hesitate to let us know if we can do anything to help. We are all here for you  :)
  • robdx
    robdx Online Community Member Posts: 61 Contributor
    L_Volunteer said:
    @robdx How have things been for you more recently? I appreciate it has been a little while since you last posted on this thread now.

    I want to make sure you have access to the support you need and deserve but I am also aware that things might have changed since.

    Please don't hesitate to let us know if we can do anything to help. We are all here for you  :)
    All is as it was when I last posted, no answer as yet, just trying hard not to over think it, I still think it will be turned down 
  • robdx
    robdx Online Community Member Posts: 61 Contributor
    Hi all
    Bit of an update....
    As its now past 10 weeks since they received the ESA3 form I have called up to try get an update....
    The form has not been looked at and according to them it won't be as I was previously advised that I can't start a new claim and must claim UC(this was the first phonecall prior to them sending out the form). She did email the right department and she says they will call me within 72 hours.
    Does not look good 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    edited October 2022
    robdx said:
    Hi all
     previously advised that I can't start a new claim and must claim UC

    That is not correct because you are not starting a new claim, your exisiting contributions based ESA is being assessed for the Income Related top up. Remember when you ring ESA you are speaking to someone from a call centre, who have very little knowledge.
    It's not unusal for it to take inexcess of 12 weeks for a decision.

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