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Contributory ESA and Income Related Top Ups
- Butterfly66
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2 years 5 months ago #272828 by Butterfly66
Contributory ESA and Income Related Top Ups was created by Butterfly66
I am really confused and I am receiving conflicting information. I have spoken to a couple of local specialist benefit advice organisations and DWP.
Initially in 2017 I received a letter confirming an award of Contributory ESA in the Support Group (Unfortunately have not retained this letter). A couple of years later I noticed at the Dentist that when ticking the box for free dental treatment that I needed to be in receipt of IR ESA. I telephoned the DWP and was informed that I received Contributory (ESA) and a top up of IR (ESA)
I recently contacted the DWP (after speaking to a couple of specialist agencies) to check whether it was Contrib or IR ESA or both (the specialist service didn't know whether could have both) Also it would affect the advice on whether to go to UC because of PW and getting near the limit (Hourly rate for Self Employed Admin at 20 hour/ no way near 16 hours) I currently get HB, ESA with top ups for Disability and Support Group.
I telephoned the DWP, this week, to now be informed that I am on solely IR ESA. I was advised that I have an entitlement to both, however, because IR ESA pays more then Contrib ESA I get IR ESA. I checked whether there was an element of both and was advised that I could only have one or the other!!
My question is does anyone know whether there has ever been Contrib ESA with Income Related Top Ups? Does anyone know the guidance/regulations that this comes from, or any other information that could help.
Thank you
D
Initially in 2017 I received a letter confirming an award of Contributory ESA in the Support Group (Unfortunately have not retained this letter). A couple of years later I noticed at the Dentist that when ticking the box for free dental treatment that I needed to be in receipt of IR ESA. I telephoned the DWP and was informed that I received Contributory (ESA) and a top up of IR (ESA)
I recently contacted the DWP (after speaking to a couple of specialist agencies) to check whether it was Contrib or IR ESA or both (the specialist service didn't know whether could have both) Also it would affect the advice on whether to go to UC because of PW and getting near the limit (Hourly rate for Self Employed Admin at 20 hour/ no way near 16 hours) I currently get HB, ESA with top ups for Disability and Support Group.
I telephoned the DWP, this week, to now be informed that I am on solely IR ESA. I was advised that I have an entitlement to both, however, because IR ESA pays more then Contrib ESA I get IR ESA. I checked whether there was an element of both and was advised that I could only have one or the other!!
My question is does anyone know whether there has ever been Contrib ESA with Income Related Top Ups? Does anyone know the guidance/regulations that this comes from, or any other information that could help.
Thank you
D
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- Gary
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2 years 5 months ago - 2 years 5 months ago #272845 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Contributory ESA and Income Related Top Ups
Hi Butterfly66
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum
You can have both IR ESA and CB ESA (legacy benefits)
What usually happens when you first apply for CB ESA due to your NI contribution, if you are placed in the support group then your claim will be indefinite until you are re-assessed, when you are re-assessed and still placed in the support group then your claim will carry on until you reach state pension age. At this stage some claimants are entitled to a EDP but this is not paid via CB ESA it is paid via IR ESA, you have to claim this, it is not paid automatically.
Whilst in receipt of CB ESA if you apply for PIP and get awarded the daily living component then depending on your circumstances you could claim another premium called SDP but there are no disability premiums paid to CB ESA claimants so you have to apply for a top up premium with IR ESA.
You could get two premiums paid with your IR ESA, SDP and EDP.
If you claim UC there are no Disability Premiums, some claimants can claim transitional protection if they are moving from legacy benefits over to UC, get advice before you go down this route.
Most claimants who receive a disability premium with their legacy benefits will be worse off if they claim UC.
Gary
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum
You can have both IR ESA and CB ESA (legacy benefits)
What usually happens when you first apply for CB ESA due to your NI contribution, if you are placed in the support group then your claim will be indefinite until you are re-assessed, when you are re-assessed and still placed in the support group then your claim will carry on until you reach state pension age. At this stage some claimants are entitled to a EDP but this is not paid via CB ESA it is paid via IR ESA, you have to claim this, it is not paid automatically.
Whilst in receipt of CB ESA if you apply for PIP and get awarded the daily living component then depending on your circumstances you could claim another premium called SDP but there are no disability premiums paid to CB ESA claimants so you have to apply for a top up premium with IR ESA.
You could get two premiums paid with your IR ESA, SDP and EDP.
If you claim UC there are no Disability Premiums, some claimants can claim transitional protection if they are moving from legacy benefits over to UC, get advice before you go down this route.
Most claimants who receive a disability premium with their legacy benefits will be worse off if they claim UC.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 2 years 5 months ago by Gary.
The following user(s) said Thank You: SUE C C
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- Butterfly66
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2 years 5 months ago #272853 by Butterfly66
Replied by Butterfly66 on topic Contributory ESA and Income Related Top Ups
I appreciate the information. I am now confused. I am not applying for PIP.
@Gary your first sentence starts to answer my query...when you say:
"You can have both IR ESA and CB ESA (legacy benefits)" Do you know where in the guidance or legislation it say this? The DWP have changed their mind from Contrib ESA (original letter) to saying I have both to now just IR DWP in their telephone calls.
This may be too specific but I'll ask it anyhow, (I receive Disability Income Guarantee and Extra Money for being in the Support Group). Can you have these extra payments if getting Contrib ESA under the legacy system or are these the tops ups under IR ESA.
Thank you
@Gary your first sentence starts to answer my query...when you say:
"You can have both IR ESA and CB ESA (legacy benefits)" Do you know where in the guidance or legislation it say this? The DWP have changed their mind from Contrib ESA (original letter) to saying I have both to now just IR DWP in their telephone calls.
This may be too specific but I'll ask it anyhow, (I receive Disability Income Guarantee and Extra Money for being in the Support Group). Can you have these extra payments if getting Contrib ESA under the legacy system or are these the tops ups under IR ESA.
Thank you
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- Gary
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2 years 5 months ago #272866 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Contributory ESA and Income Related Top Ups
Hi Butterfly66
The disability income guarantee is the Enhanced disability premium, automatically paid to those in the Support Group Income Related. Or paid in the WRAG Income related if you're receiving Enhanced daily living PIP or high rate care DLA. This premium is £17.75 per week single person's rate, slightly more if claiming as a couple.
The answer to your question is no, you cannot be paid the Enhanced Disability premium or the Severe Disability premium if you are only claiming CB ESA unless you aso claim IR ESA as a top up but IR ESA would depend on your circumstances and is means tested.
Gary
The disability income guarantee is the Enhanced disability premium, automatically paid to those in the Support Group Income Related. Or paid in the WRAG Income related if you're receiving Enhanced daily living PIP or high rate care DLA. This premium is £17.75 per week single person's rate, slightly more if claiming as a couple.
The answer to your question is no, you cannot be paid the Enhanced Disability premium or the Severe Disability premium if you are only claiming CB ESA unless you aso claim IR ESA as a top up but IR ESA would depend on your circumstances and is means tested.
Gary
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- Gordon
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2 years 5 months ago #272872 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Contributory ESA and Income Related Top Ups
Butterfly
This may help clarify things.
ESA Claimants can receive the following;
- ESA(CB) is they met the National Insurance requirements but have too much in savings or household income.
- ESA(IR) if they do not meet the NI conditions but have earnings and saving under the statutory limits.
- ESA(CB) with an ESA(IR) top-up if they met the NI conditions and have earnings and saving under the statutory limits.
The ESA computer system appears to be only capable of recording whether a claim is ESA(IR) or ESA(CB), so when claimants are eligible for both components the system is set to show that they have ESA(IR).
This does not mean that you are no longer eligible for ESA(CB), you retain this as long as your claim continues and if at any time your ESA(IR) calculated payment is less than the ESA(CB) rate then you will receive the latter.
Gordon
This may help clarify things.
ESA Claimants can receive the following;
- ESA(CB) is they met the National Insurance requirements but have too much in savings or household income.
- ESA(IR) if they do not meet the NI conditions but have earnings and saving under the statutory limits.
- ESA(CB) with an ESA(IR) top-up if they met the NI conditions and have earnings and saving under the statutory limits.
The ESA computer system appears to be only capable of recording whether a claim is ESA(IR) or ESA(CB), so when claimants are eligible for both components the system is set to show that they have ESA(IR).
This does not mean that you are no longer eligible for ESA(CB), you retain this as long as your claim continues and if at any time your ESA(IR) calculated payment is less than the ESA(CB) rate then you will receive the latter.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Gary, SUE C C, Butterfly66
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- Angel
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2 years 5 months ago #272892 by Angel
Replied by Angel on topic Contributory ESA and Income Related Top Ups
Not wanting to confuse you further, but I am also on both IR and CB so have looked into this. *I cannot quote a source as a while ago*. Speaking personally, when we are forced to move to Universal Credit, I will move to ESA (NS) and UC for rent and transitional payment. My UC will be paid monthly, my ESA (NS) will be paid fortnightly.
Everyone’s circumstances are different. I honestly can’t even remember how I found out I was receiving both IR and CB. IR is my premiums which will cease to exist under Universal Credit. It’s no wonder everyone’s heads are in a knot…
Everyone’s circumstances are different. I honestly can’t even remember how I found out I was receiving both IR and CB. IR is my premiums which will cease to exist under Universal Credit. It’s no wonder everyone’s heads are in a knot…
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