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Thread: ESA contribution and income related

  1. #1
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    ESA contribution and income related

    Hi
    I applied for ESA back in 2011 and was awarded contribution based support group and this is what i have been on ever since but only recently became aware that there is also income related ESA which would entitle me to an extra £15.90 pw plus other benefits as i am in the support group and have never had savings over £3000 or any other income or capital.
    I believe this information would have been provided on my original ESA1 form so should i therefor have been assessed for income related esa at the time and if so have a right to claim a back payment

    I phoned yesterday and asked about having the enhanced disability benefit added to my esa as an income related amount and was told you can not have any income related or top ups when on contribution based only change to fully income related.
    This i believe is wrong as it clearly states on the gov.uk site that ir esa can be paid on its own or on top of cb esa if on low income?

    I then asked why i was on cb esa in the first place as i would have always qualified for the ir esa to which she said it was on their system as a contribution only claim and this was always awarded before ir esa anyway. I then asked her to send me a copy of my original claim form as i was sure i applied for both to which she replied i dont think we have it anymore but i can have a look

    my heads a mess trying to understand all this, any advice would be most appreciated
    Last edited by alun; 01-12-2018 at 01:25 PM.

  2. #2
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    just ask them to send you an ESA3 form, and put the date as of when you first applied.

    you said you only recently found out there is IR and CB, so are you sure you put both on your original ESA1 form.

    yes you can get CB and IR together, it is true that CB is always paid first if eligible.

  3. #3
    Senior Member nukecad's Avatar
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    The phone jockey is talking bull.
    Not their fault, they are poorly trained and can only tell you what their training has told them.
    (And we suspect that they are deliberately told wrong things in their training).

    The law is quite clear on this, they are supposed to check your entitlement to both CB and IR when you first claim.

    And if both apply then yes you have an entitlement to both at the same time.

    They still try to avoid this and even state on the ESA1 application form that if you don't ask them to check for IR entitlement then they may not pay it until you do ask them.
    If you do not claim income-related ESA now, but then ask for it at a later date,we will normally only pay it from that later date.
    This is wrong and they have been told to stop doing it numerous times.
    (For 'normally only pay' read 'if we can get away with it and you don't know your rights/the law').

    They won't drop it though and keep trying to reword it differently.

    The way it is currently worded is even worse in that it also sneakily implies that you can only claim IR ESA if you have a partner,
    For contribution-based ESA only fill in the answer boxes under You on page 1 to 25.
    .......
    For income-related ESA fill in the answer boxes for You and Your partner on pages 1 to 25
    Again this is totally wrong. Ok they don't say it but they imply it and many people could read that wrongly.

    If you were entitled to IR ESA from the start of your claim then they have to backpay it.
    This is what the current big row with transfers from IB is about, they 'forgot' to check for IR entitlement and so now have to check all IB transfers again, and backpay where they got it wrong.

    As slipmaster says fill in an ESA3 using your original claim date back in 2011.
    If they still refuse then take it to the tribunal who do know what the law says.
    Last edited by nukecad; 01-12-2018 at 03:26 PM.
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  4. #4
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    Many thanks for the information. I have asked them to send me an ESA3 form
    Do you think i still have a chance of getting my back payment as it was a new claim in 2011 not a transfer from IB

    Thanks
    Alun

  5. #5
    Senior Member nukecad's Avatar
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    Yes, even though not a transfer they should have checked IR entitlement at the time you claimed.

    You may have to fight and take them to tribunal for backpayment, but possibly not as the transfer situation has made them more aware.

    Just remember to put your original claim date on the ESA3 where it says "What date do you want us to re-assess your Employment and Support Allowance claim from?"

    You can download an example of the ESA3 from here if you want to see it in advance:
    http://www.youreable.com/forums/show...standard-forms
    I'm intelligent enough to know that I don't know everything.
    But I'm good at searching for, and finding, stuff.


    Migration from ESA to Universal Credit- Click here for information.

  6. #6
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    Thanks nuke, i will keep you posted on how it goes

    Alun

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