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ESA and prescription charges

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6 years 6 months ago #197034 by hoover1
ESA and prescription charges was created by hoover1
PLEASE HELP
used to be on Incapacity benefit changed to ESA support group. was told I no longer need to purchase pre paid prescription card as am entitled to free now.tick H box on prescription by job centre staff.
Received penalty from NHS for MAY this year amount of £103.20
saying not entitled as my benefit says "your income related amount is £109.30 however because you are entitled to contribution-based employment support allowance we will pay you £109.30.
the job centre has told me 3 times yesterday I am entitled... NHS said 3 times i am not. The NHS website says "income related employment and support allowance paid on its own or with contribution based employment and support allowance is covered????? clear as mud.
What is the truth and should I refuse to pay and let them take me to court with the evidence I hold?:unsure:

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6 years 6 months ago #197068 by Gordon
Replied by Gordon on topic ESA and prescription charges
Janet

Based on your post you are only receiving Contribution Based ESA only, despite what you have been told by the DWP, however, you may have been eligible for Income Related ESA during the period in question.

ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

If you think that you are then contact the DWP, they had a duty to assess you for ESA(IR) when they moved you to ESA, but in many cases failed to do so.

If you are/were eligible then it should be possible to claim the fine back.

Gordon

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

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