Further question re: treatment of pension

I have a client that was migrated from ICB to ESA and his award included ESA (CB) of £15.46 & ESA (IR) of £15.15 pwk as he was in the support group (EDP).  Half of his PP above £85 etc was taken into account leaving ESA of £30.61 pwk.

Following the annual increase to his PP, the client received a new decision from DWP stating that his ESA has reduced to £5.24 all ESA (CB).  His applicable amount is £123.70 (basic + EDP and SG), his PP is £280.32 gross so ESA should be reduced by £97.66 (280.32-85/2). Surely he should be paid £24.53 per week ESA split between £10.48 CB and £14.04 IR?

This has messed up his HB as he was receiving max before because of his ESA (IR).  We have put in for a Mandatory Reconsideration and also done an ESA3 form but its all falling on deaf ears.

Have we got this wrong?  How can DWP change a year later especially after the fact that we had to originally remind ESA that he had a PP when he was migrated over!!

I’m probably missing something but based on your client’s PP being £280.32 per week I can only come out with an entitlement to CB ESA of £10.49 per week (no IR ESA).

If the PP is monthly, CB ESA would be unaffected (so max including SGC) but no entitlement to IR ESA (income exceeds).

Just spoken to DWP and they admitted that they got it wrong the first time…so only ESA(CB) now of £10.49 pwk.  At least it was their error so won’t be recovering it from the client!

Thanks for your response!

You’re welcome! Glad it was sorted.