entitled to IR and CB ESA

hi if someone could shed some light id be very grateful. i was placed in support group ESA in dec 2014 recievimg IR ESA, with full rent and council tax benefits, around july 2015 put on enhanced rates care and mobility PIP. in august 2015 i was put on ill health retirement with lump sum and small monthly pension. DWP changed my ESA to contribution based as i had entitlement to both, and CB kept me on same amount of ESA money, and said i still had an entitlement to £41 per week IR esa. housing benefit have made complete mess of calculations over past 6 months looking at bank statements etc. i contacted DWP today to ask if i am entitled to the £41 IR esa can my benefit be changed to the IR £41 and how does that effect the monthly pension, which works out at £80 per week. as at the moment the housing benefit are taking almost all the pension money towards rent and council tax. and if i was on IR again, however small i would qualify for rent and council tax benefits at full rate, and whatever affect it had on pension would probably leave me with around the same in financial terms i think. she couldnt answer as it wasnt her department, but did seem to be saying that i m entitled to both. in regards to amounts of money now, im past caring, i would feel more secure knowing that rent ect was being paid each week, and the money wouldnt be that different i think. one thing she did say was that to go back to IR esa i would need to stop claiming and make a new claim in 12 weeks, which i dont thimnk is righr as ive been put in support group with a limited capability for work and related activity, and on PIP care and mobility and retired on ill health grounds stating i will not be capable of working again. . if any of this makes sense should i be just transfered back to IR ESA in the same way i was transfered to CB ESA when pension and lump sum was paid out. lump sum has been used clearing debt ect and has been invesstigated with no bad or wrong doing being found by housing benefit. so only thing is weekly pension of £80. someone is to call me back but if anyone has any idea of what i should be asking id be very grateful. sorry if this makes no sense, im totally lost and have already handed over more than £3000 to housing. and please excuse my spelling

Hi Scotgaz,

I found your post a bit difficult to read and interpret but I will do my best to help!

If a claimant has entitlement to contributory ESA this will always be paid in preference to an income-related benefit. This is enshrined in the rules and cannot be changed. However, it is possible to receive an income-related top-up of this if your household income/assets are low.Even 1p of income-related ESA entitles you to other benefits, such as free prescriptions etc.

You should not have to close this claim and make a new one. In fact, it could be very dangerous for you to do so! I What you need to know is, are you receiving any amount of income-related ESA? If not, request an ESR3 form, which collects details of your household finances, to find out whether you have such an entitlement.