Is it possible to relinquish IR part of ESA?

I get the odd random phone call from members of the public who are not on my patch and will never be clients as such. One particular lady, who lives 200 miles away, is adamant that she wants to claim CB ESA only and wants nothing to do with the IR part of it (an unusual approach but each unto their own). She is furious that the DWP is paying her an IR top up to her CB ESA and has written several times asking them to desist but to no avail.

Is it legally possible for someone to only receive the CB part of ESA and not the IR part, even though, as we know, they are two parts of the same benefit? She doesn’t have savings or excess income that would prevent her from getting IR ESA.

I’ve told her I can’t see how it could be possible but someone else may know better?

She has a progressive illness that will eventually be terminal but as far as I can make out there are no issues around mental capacity at present.

I realise this may appear a bit frivolous but she is extremely stressed and angry by it.

As we know, ESA is just one benefit so you couldn’t relinquish part of it without relinquishing the whole claim. In theory she could perhaps relinquish the whole claim and then make a new linked claim on which she refuses to provide any details of her income. Doing that seems to unnecessarily risk possibly not meeting the contribution conditions on the new claim.

The other possibility would be to deliberately bring herself outside of the means-testing. criteria - she could declare an income which does not exist, indicate that she is entirely confident that one of her ornaments is a priceless antique or report a significant change in income to the DWP but refuse to provide specifics. It isn’t fraudulent to use deception solely to reduce your own income - although these sorts of shenanigans might come back to bite her in the future.

In terms of sensible and risk-free options - put it in a savings account or donate it to charity.

Few years ago had a family where the chap was in receipt of ESA cb & ir at couple rate. Also had entitlement to DLA high rate care.
Wife claimed CA and chap stopped ir part of his ESA so wife could claim IS for them as a couple
His ESAcb taken as income with wife’s CA of course but still better off overall.
ESA stopped ir with no apparent problem.

I don’t see a problem. Yes it’s one benefit with two elements but there’s certainly no issue stopping one part if the conditions of entitlement to that no longer apply. However, asking to withdraw it should not result in the whole thing being withdrawn. In theory you can’t withdraw a claim once it has been determined unless… In practice I’ve had loads of clients across a range of benefits who have asked to withdraw and the claim has just been shut down. Totally illegal but that doesn’t seem to have ever stopped DWP and friends. Have seen Savings Credit ended but GC continue and have also seen means-tested ESA end but contrib. continue.

Thanks all.

I take from this that it is not legally possible but has been known to happen. I will suggest to her that she tries again writing to DWP asking it to stop paying her IR bit of ESA. Part of her ire about this is that she says that she has never provided income/savings details to DWP and therefore feels that she should not have been paid it in the first place. She feels that by claiming CB only it will minimise her need for dealings with the DWP.

I find this woman’s situation really sad; seriously ill, housebound, basic care package, no family, massive debts, no help with housing costs and she is trying to turn down money because she can’t handle the stress of claiming it.

There but for fortune go you or I…

Poor lady- I can understand her reluctance to have any more truck with the DWP than absolutely necessary.

I suppose if all else fails she oould try telling them she’s just come into an inheritence or something? Bet they’d stop her IR ESA pretty damn smartish if she was to do that.

and why no help with housing costs?

Claire, no Housing Costs because she won’t claim them

dear me

and since she is not in your area….

is there no one in her area?

i can understand people not wanting the stress but if she’s housebound, in severe debt and etc….

I’ve seen a slowly increasing number of people say “You know what. I think I’m better off not claiming benefits and simply not having the stress of it.” over the past few years. Generally speaking they all have long term conditions and the management of the condition and getting on with life is enough stress for them to cope with. They’re the new “hard to reach”. They would rather struggle financially than engage with a benefit system which causes them to spend a significant proportion of their time making an effort to maintain the income (and I’m not thinking just JSA here).

Similar things in the workplace though. People won’t challenge blatant discrimination or a failure to implement ‘reasonable adjustments’ because it’s as much as they can do to stay in work.

Absolutely Mike. I saw a client just the other day who said exactly that. It’s not just the time spent in trying to maintain their income (and claiming benefit is increasing becoming a full time job in my experience) it’s the feeling of not being believed/being judged/facing blatant hostility.