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TOPIC: ESA such confusion

ESA such confusion 6 years 1 month ago #67852

I cannot figure this out at all:-This is how my husbands ESA has been worked out and it doesn't add up to me.
Living exp for you and partner £105.95
Extra money for carer £31.00
extra for dis' income gaur'tee £20.25
Work related activity group £26.75

Total income related amount £183.95

DLA not counted as income
Less carers allowance £55.55

Your income related amount is 183.95 less 55.55 so you would have been entilted to £128.40 (this i understand so far)but then goes on to say:-
However because you are entitled to contribution based esa and support allowance we will pay you £162.80. (this is nearly £20 more than we were getting)
Then it goes on to say Top-up payment:-
included in you ESA is a top of of £68.55 which ensures you wont see a reduction in the level of your benefit entitlement as a result of the change to ESA. Then says the amounts on this page apply from 27th August to 2nd December 2011.

Its a real puzzle and I don't want them coming back to us for overpayments. Any thoughts out there? :S

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Re:ESA such confusion 6 years 1 month ago #67854

colliewollie wrote:

I cannot figure this out at all:-This is how my husbands ESA has been worked out and it doesn't add up to me.
Living exp for you and partner £105.95
Extra money for carer £31.00
extra for dis' income gaur'tee £20.25
Work related activity group £26.75

Total income related amount £183.95

DLA not counted as income
Less carers allowance £55.55

Your income related amount is 183.95 less 55.55 so you would have been entilted to £128.40 (this i understand so far)but then goes on to say:-
However because you are entitled to contribution based esa and support allowance we will pay you £162.80. (this is nearly £20 more than we were getting)
Then it goes on to say Top-up payment:-
included in you ESA is a top of of £68.55 which ensures you wont see a reduction in the level of your benefit entitlement as a result of the change to ESA. Then says the amounts on this page apply from 27th August to 2nd December 2011.

Its a real puzzle and I don't want them coming back to us for overpayments. Any thoughts out there? :S



Hi CW,

As I am sure you will understand we can not give advice on amounts of benefit, pertaining to an individual.

We could not possibly know all the facts as to your benefit entitlements before and after an award of ESA.

If you have any worries get face to face advice from the CAB or other advice agency, where they can actually sit and go over your benefit entitlement with you.

Take a look at, Getting help with benefits from this link :

www.benefitsandwork.co.uk/help-for-claim...eneral-benefits-info

Or you could ring the Benefits Enquiry Line (BEL) on : 0800 882200, you can do this anonymously.

You are covered by Transitional Protection when being migrated over to ESA.

Also I think the dates from and to that you mention, (Aug to Dec) are purely for admin purposes, and do not really hold a lot of significance re : the expected review date.

Hope this helps.

bro58

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by bro58. Reason: spelling

Re:ESA such confusion 6 years 1 month ago #67861

colliewollie

Our understanding is that where the amount being paid under IB is greater than the the amount that would be paid under ESA, a Transitional Addition will be paid to make up the difference.

As a result of the Addition, your payments after conversion should be the same as those that you received before, so if you are now receiving more ("nearly £20 more"), then this could indicate an error.

On this basis I would contact your local DWP office to confirm the amounts, a phone call should be sufficient in the short term, but if the amounts are not changed, you should confirm your conversation by letter sent by Recorded Delivery.

Hope this helps.

Gordon

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Re:ESA such confusion 6 years 1 month ago #67884

contacted the local job centre this morning and the have assured me the amount is correct. They tried to explain it to me but to be honest they sounded in a rush and i still couldn't understand it at all. They have logged the conversation down as requested. I'm still worried about it as I feel i need to see in black and white how its worked out.

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Re:ESA such confusion 6 years 1 month ago #67887

Even though the DWP have confirmed that your payments are correct, I would still write a confirmatory letter sent by recorded delivery to verify the conversation that took place between yourself and the local JCP office this morning, regarding the amount of your payments.

If it later transpires that the payments were incorrect, provided that there has not been a failure to disclose a relevant change of circumstances or there has not been a misrepresentation of material facts, it would be an official error overpayment and accordingly it would not be recoverable.

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Last Edit: by Crazydiamond. Reason: Grammar correction.

Re:ESA such confusion 6 years 1 month ago #67888

colliewollie wrote:

contacted the local job centre this morning and the have assured me the amount is correct. They tried to explain it to me but to be honest they sounded in a rush and i still couldn't understand it at all. They have logged the conversation down as requested. I'm still worried about it as I feel i need to see in black and white how its worked out.


Hi CW,

You have done the right thing.

I would now make a record in writing of the telephone conversation, as in the number you rang, the time and date, and who you spoke to.

Go through the conversation, and the conclusion, in that you were told that all was O.K.

Put all above in a letter, then post it to your benefits office, by recorded delivery, and importantly keep a copy attached to the recorded delivery slip, in a safe place.

Ask for written confirmation from them, that they have received your letter.

I would not worry any further after that, you have complied with the law, and covered yourself.

cheers

bro58

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Last Edit: by bro58. Reason: Extra info
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