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ESA Award Contributions or Income-related?
- FlemingWay
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6 years 4 months ago #202514 by FlemingWay
ESA Award Contributions or Income-related? was created by FlemingWay
Hi, I am confused about the ambiguous wording of an ESA award letter. It says ‘You are entitled to both contributions-based and income-related.’ It also says ‘
‘If we have told you in this letter you are entitled to contribution-based ESA you can enquire about getting income-related ESA by telephone’ (as far as I am aware the claimant did not call up or pursue this) and ‘Your income-related amount is X’ (the full amount).
The rules for Contributions vs IR are different e.g with free prescriptions, capital etc. Is there any way to tell which type it is? Claimant is in Support Group thus am assuming Contributions rolls on continually rather than being limited to one year?
Secondly, if the person is on Contributions ESA and PIP, and claims housing benefit while living with a partner who is full-time NHS student and works under 15 hours, would this trigger a WCA or any review or reduction of their benefits?
And would the implications be any different if they are on Income-Related ESA after all?
Many thanks for any help on this pressing issue.
FW
‘If we have told you in this letter you are entitled to contribution-based ESA you can enquire about getting income-related ESA by telephone’ (as far as I am aware the claimant did not call up or pursue this) and ‘Your income-related amount is X’ (the full amount).
The rules for Contributions vs IR are different e.g with free prescriptions, capital etc. Is there any way to tell which type it is? Claimant is in Support Group thus am assuming Contributions rolls on continually rather than being limited to one year?
Secondly, if the person is on Contributions ESA and PIP, and claims housing benefit while living with a partner who is full-time NHS student and works under 15 hours, would this trigger a WCA or any review or reduction of their benefits?
And would the implications be any different if they are on Income-Related ESA after all?
Many thanks for any help on this pressing issue.
FW
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- Gordon
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6 years 4 months ago #202523 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Award Contributions or Income-related?
FlemingWay
ESA letters are famed for their lack of clarity.
ESA can be paid as
- Contribution Based only
- Income Related only, or
- Contribution Based with an Income Related top-up
As the person is in the SG it should be easy to tell if they are receiving ESA(IR), check the last Entitlement letter and if there is an entry for the Disability Income Guarantee then they are.
Whether the rest of their payment is Contribution Based Is more difficult, but I would assume that the reference to it implies that its is.
Gordon
ESA letters are famed for their lack of clarity.
ESA can be paid as
- Contribution Based only
- Income Related only, or
- Contribution Based with an Income Related top-up
As the person is in the SG it should be easy to tell if they are receiving ESA(IR), check the last Entitlement letter and if there is an entry for the Disability Income Guarantee then they are.
Whether the rest of their payment is Contribution Based Is more difficult, but I would assume that the reference to it implies that its is.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- FlemingWay
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6 years 4 months ago #202535 by FlemingWay
Replied by FlemingWay on topic ESA Award Contributions or Income-related?
Hi Gordon, thanks for your reply.
I have checked the client's award letter and it does indeed say 'Disability Income guarantee: £15.90
and also says 'income-related entitlement is £188.' (the full amount)
Is there any way to tell what proportion is income-related top-up - if this is the £15.90 or the whole amount? The CAB have been pretty useless.
The claimant is being asked to take on a housing benefit claim and will be living with a full-time NHS student partner who works under 16 hours, and is very worried about how this will affect their ESA (will the DWP remove the income-related top up, or all of it?) and I'm still a bit in the dark about what to tell them.
Many thanks and sorry to come back to you
I have checked the client's award letter and it does indeed say 'Disability Income guarantee: £15.90
and also says 'income-related entitlement is £188.' (the full amount)
Is there any way to tell what proportion is income-related top-up - if this is the £15.90 or the whole amount? The CAB have been pretty useless.
The claimant is being asked to take on a housing benefit claim and will be living with a full-time NHS student partner who works under 16 hours, and is very worried about how this will affect their ESA (will the DWP remove the income-related top up, or all of it?) and I'm still a bit in the dark about what to tell them.
Many thanks and sorry to come back to you
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- Gordon
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6 years 4 months ago #202554 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Award Contributions or Income-related?
FlemingWay
You don't need to re-post your questions, all posts are moderated and will not appear in the forum until approved.
If they live together then the ESA will be paid at the Couples rate, about £40 a week more, however, any income from the "partners" job and any monies they receive for being a student, will be deducted £ for £ and if the claimant is receiving the Severe Disability Premium, then they will no longer be counted as living alone unless the "partner" also receives a qualifying benefit.
The Disability Income Guarantee is not effected if they live together, providing their ESA(IR) amount is not fully eroded.
Gordon
You don't need to re-post your questions, all posts are moderated and will not appear in the forum until approved.
If they live together then the ESA will be paid at the Couples rate, about £40 a week more, however, any income from the "partners" job and any monies they receive for being a student, will be deducted £ for £ and if the claimant is receiving the Severe Disability Premium, then they will no longer be counted as living alone unless the "partner" also receives a qualifying benefit.
The Disability Income Guarantee is not effected if they live together, providing their ESA(IR) amount is not fully eroded.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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