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Thread: Contribution + income based ESA & housing benefit

  1. #11
    Hi nukecad

    Thank you so much for coming back with that. I’ll take all that and the paperwork to the council with me and make sure they understand that they’ve interpreted something wrong along the way. If we still have issues I will absolutely head to an advisor for their help. Again, I appreciate all your help on this. I’ll come back with the outcome when we know what’s happening.

  2. #12
    Hi nukecad

    Just wanted to let you know that I went to the council today and they have agreed that mum has always been entitled to full HB (minus the non dependent deduction) and they’ve put it through so that all the backpay is going straight to the housing association. She told us that it shouldn’t take any longer than two weeks but I will go back down there if it isn’t resolved by then. We’ll give the HA a ring as well to let them know what’s going on.

    I just wanted to say thank you for all your help. I’m not sure what we’d have done without it.

  3. #13
    Senior Member nukecad's Avatar
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    Good result, (although they didn't realy have a leg to stand on), glad to help.

    There is still a bit of an issue though.

    The council will give the backpay to the HA because that is where they pay her HB.

    But if she has been making top-up payments then the HA will have received more than the rent due once they get the backpay from the council.
    That's something to keep an eye on.

    You'll need to talk to the HA about that, if she's going to be getting full HB then they can't credit against future rent, (unless they can credit against the non-dependant deduction?), so you may need to push for a refund from the HA.
    They'll probably need time to sort out their records once they have received the backpayment from the council.
    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.

  4. #14
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    Thanks beau. Not getting the (start new thread) in top left. Computer has had new memory since joining the forum. Maybe has something to do with glitch! But question still open. Thanks

  5. #15
    Senior Member nukecad's Avatar
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    Mooz,

    I've started a new thread you can use as yiur own while you sort out what's wrong.

    https://www.youreable.com/forums/sho...624#post165624
    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. #16
    Hi nukecad

    From the calculations I’ve done of what mum is now owed, it should put us well into credit with the HA. We think we’ll probably just leave it there as we’ll be paying the £15.60 a week non-dependent deduction so it’ll give us a little wiggle room.

  7. #17
    Senior Member nukecad's Avatar
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    Sounds fine, and it sounds like you'll be keeping an eye on it from now on.
    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.

  8. #18
    I’m back with some unfortunate news. Mum had an email from the council tonight stating that the council will not change their decision. They first put that we didn’t appeal the decision within a month of the decision in March (even though we went down there to dispute it) but even so, the decision is correct. Their exact words are:

    “It came to our attention in March 2019 that were in receipt of both the contribution and income related elements of ESA. As both elements are payable your income is based on the element that is highest so for yourself this is the contribution element so your HB and CTS claim is based on this.”

    This just sounds wrong? I thought that just having the IR entitlement means that the rest of the income is disregarded? I think we’ll have to get some official help with this because the council is saying we have to take it to tribunal if we disagree. This is just endlessly stressful.

  9. #19
    Well, we went back to the council and they are now saying that the original decision is correct and the award is based on the higher amount of contribution based ESA. We’re heading to the local housing advice place now to see what they have to say.

  10. #20
    Senior Member nukecad's Avatar
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    As you say they are simply wrong about the CB/IR ESA situation.

    That explanation is total bull, it's simply wrong on more than one point.

    CB ESA if/when paid on its own does count as income for other benefits.
    However if you also have an award of IR ESA then the CB ESA does not count as income for other benefits.
    Employment and Support Allowance and other benefits

    You may get Contributory and Income-related Employment and Support Allowance at the same time. In this situation, the income-related ESA is like a top-up to the contributory ESA.
    If you are getting both Contributory and Income-related ESA, they do not count as income for other benefits and tax credits.

    Contributory Employment and Support Allowance is taken into account as income when calculating other benefits and tax credits.

    Income-related Employment and Support Allowance is not taken into account as income when calculating other benefits and tax credits.

    Housing Benefit

    If you get income-related Employment and Support Allowance and are eligible for Housing Benefit, you are automatically entitled to get the maximum Housing Benefit for your circumstances.
    From: https://www.turn2us.org.uk/Benefit-g...wance-will-I-g

    If you are in receipt of IR ESA then that passports you to full Housing Benefit, whether you also have CB ESA is irrelevant.
    I'm sure that your housing advice centre will tell you the same.

    At least they have admitted in writing that in March they knew that she had IR ESA, which as said in that quote entitled her to full HB.
    Save a copy of that email, and print it off as well. (In case they later try to deny that they knew).

    They are also wrong/trying it one with the one month thing.
    You are usually given one month to ask the council to reconsider their decision, that's true.
    But that doesn't mean that after a month you are stymied.
    You can ask for a late reconsideration, but they can refuse to do one.

    If you ask with a month and they won't change their decision then you can appeal to the independent First Tier Tribunal.
    If they refuse to do a late reconsideration then you can appeal to the independent First Tier Tribunal.
    Again you should lodge your appeal with HMCT with a month, but this can be extended as far as 13 months if you have a good reason for delaying.
    (And the courts are pretty flexible/lenient on what counts as good reason for a delay).

    Again I'm sure that your housing advice centre will tell you the same.


    As an aside.
    It seems that there are a lot of strange decisions going on with Housing Benefit at the moment.
    It appears that with all new claims for help with housing costs now being Universal Credit the councils are cutting down on their HB staff who now only only have to deal with existing claims. (and a very few new claims in special circumstances).
    The more experienced HB staff are being moved into other roles, leaving the less experienced staff behind who are more prone to getting things wrong.
    This is exacerbated by quite a few rule changes as UC starts to take over, these staff left behind just don't have the experience to understand and cope with these changes.
    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.

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