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TOPIC: ESA and WTC

ESA and WTC 3 months 4 weeks ago #194016

I am on WTC with a disability premium and in the past have claimed ESA during periods when I've not been well enough to do the 16 hours minimum. I've been advised in the past and just yesterday that we only need to let WTC know when we've been off sick for 6 months because we have that much leeway, but when I tried to claim ESA(C) the folk at the JobCentre were incredibly confused.

They can't wrap their heads around me getting ESA as well as WTC, and only one of them was even familiar enough with WTC to know that I don't come off it straight away. They ended up telling me (and I am not at all convinced that they knew what they were talking about since they'd already got loads wrong and we'd established that), that I can't claim ESA(C) at the same time as WTC anymore. I tried to claim it by taking the claim form to the JobCentre to hand it in but it was at that point that they first told me I had the wrong form and sent me away to fill in a different one and come back another day and then told me I shouldn't be claiming it anyway.

It's really rather complicated since HMRC made a huge mess of my tax (and I'm still not sure it's sorted out but paid the max they quoted to hopefully ensure all my NICII is up to date and will finish chasing that later), but can you help me at least establish whether one can claim ESA(C) at the same time as WTC?

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ESA and WTC 3 months 3 weeks ago #194056

HomelessHillBilly

I'm afraid, although I can confirm that you are entitled to claim WTC at the same time I can't find a definitive source to confirm this, as it is not a problem there is actually very little written about it.

All I can suggest is that you ask the DWP for a reference to the Regulations that they believe that they are applying, at least that way you will know what they are talking about, if in deed they can find one.

Also, request a Mandatory Reconsideration of the Decision so that a Decision Maker is involved, I am wondering if staff that have had inadequate training are involved.

One last question, are you sure that it is the WTC that is preventing the claim and not issues with your Contributions?

Gordon
The following user(s) said Thank You: HomelessHillBilly

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

ESA and WTC 3 months 3 weeks ago #194466

Thanks Gordon.

I don't think it is the contributions, but I did end up asking the CAB and they told me that the issue is that if I put in a claim for ESA that will count as a 'change in circumstances' which would trigger a re-assessment and me being transferred to UC. This would seem to make sense to me - does it to you?

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ESA and WTC 3 months 2 weeks ago #194503

HomelessHillBilly wrote: Thanks Gordon.

I don't think it is the contributions, but I did end up asking the CAB and they told me that the issue is that if I put in a claim for ESA that will count as a 'change in circumstances' which would trigger a re-assessment and me being transferred to UC. This would seem to make sense to me - does it to you?


Even if you were in a UC Live area I don't see why this would prevent you making a claim for ESA(CB), the WTC being paid as part of UC would still be a separate issue.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
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