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3 years 1 month ago #267531 by Sharon
ESA was created by Sharon
I have been on ESA income based for 10 plus years , I have enhanced pip on both .I have just started getting industrial injury at £36.58 a week . I contacted the council as I knew this benefit affected  my housing benefit , I had a letter from ESA to say my amount has changed and they had moved me to contributions from income. I have a dispute with esa as of two years ago they rang me about my son living with me , I informed them in 2017 they say I didn’t and I own them £10,000 from the phone call they took a year to send me the letter , I have appealed it some 7 months ago and not heard nothing. Can they really take me out of income to contributions as this impacts me financially 

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3 years 3 weeks ago #267587 by Gary
Replied by Gary on topic ESA
Hi Sharon

Firstly to move to contribution ESA, you would need to show that you have sufficient NI Contributions paid in - there are 2 conditions:
First contribution condition - in one of the last two complete tax years, you must have paid Class 1 or 2 contributions on relevant earnings at the lower earnings limit for at least 26 weeks. This means you must have worked for at least 26 weeks of the last two complete tax years; and
Second contribution condition - in both of the last two complete tax years, you must have paid or been credited with, Class 1 or 2 contributions to the value of 50 times the lower earnings limit.
The 2 tax years that are relevant are the ones that were completed before the benefit year in which your period of limited capability for work began.

You need to seek specialist advice from a Welfare Rights Organisation who can take all your circumstances into consideration; you can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk

Gary

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

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3 years 3 weeks ago #267597 by Gordon
Replied by Gordon on topic ESA
Sharon

IIDB is treated as income for ESA(IR) and will reduce the amount £ for £.

It sounds as if your calculated ESA(IR) amount is now less than what would be paid with ESA(CB) so the latter only is now being paid.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 years 3 weeks ago #267608 by Angel
Replied by Angel on topic ESA
Hi Sharon. Not a direct response, but my pensions (ill-health!) are taken off my ESA (Support) £ for £. You may historically have had ESA (CB) with IR top up. That is the case with me. The IR bit has always been my premiums. If you are having Industrial Injuries taken off your ESA, and are no better off than before as a consequence, then you should explain this clearly to the council, and this should (hopefully) not affect your HB.
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