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HELP DWP award CB ESA why not IR ESA?
Hi guys, wondered if somebody can help please.
I have a client who I have assisted with a ESA claim recently. It was specfically mentioned that she wished to cl Income related ESA as she is on low income and has no savingss. As she is currenly very unwell there is no doubt she will get placed in the support group of ESA. IR ESA was also asked to ensure she gets premiums etc as premiums are not payable with contribution based claim.
However, her ESA award letter has come back stating she is entitled to contribution based ESA. Council tax cannot also deductions from her benefits as it is contribution based ESA.
Although she has worked all her life and there is no doubt she would be entitled to CB ESA, but I am confused why DWP automatically decide to award CB ESA to claimants rather than going by with what cl asked for? Also will she now have to try and claim IB part of ESA to top up her CB ESA?
I have also seen clients on CB ESA for years as they in Support Group yet they would have been better off on IR ESA with all the premiums but as DWP do not volunteer infromation clients don’t know this untill they start seking advice.
Can anyone shed some light on this please.
See Section 6 of the Welfare Reform Act 2007, which deals with situations where a person is entitled to both a contributory and income related allowance. Essentially, where the amounts are the same, the ESA that is paid is contribution based. You cannot chose to claim income related ESA only - ESA is ESA. A person who is getting contribution based ESA but could be paid additional ESA under the income related assessment, can seek revision or supersession of the decision awarding ESA with the Support component, depending on the circumstances of the case. For example, a person converted from incapacity benefit only to support group ESA may well qualify for income related ESA on top of the contribution based amount, and DWP will usually revise the conversion decision to award the income related top up when this is pointed out. There is Upper Tribunal case law on that particular scenario.
Once she goes into the Support Group she will become entitled to the enhanced disability premium and Council Tax can have their chunk of that. Remember to do an ESA3 once the assessment is complete.
That will depend on your local Council Tax Reduction scheme, of course.
Here on Wirral, a person in the assessment phase or WRAG without an SDP or EDP (via DLA or PIP) is not “vulnerable” so only gets a maximum 78% reduction, whereas in the Suport Group they are “vulnerable” and can get 100% reduction
We have recently had a spate of clients in receipt of CESA only who have incurred NHS Health Charges Penalties because the incorrect box was ticked on their declaration form. Frequently the problem is caused by the poor quality of the award letters which don’t specify CESA/IRESA.
CESA recipients should routinely be advised to claim help with NHS charges on low income grounds.
We have recently had a spate of clients in receipt of CESA only who have incurred NHS Health Charges Penalties because the incorrect box was ticked on their declaration form. Frequently the problem is caused by the poor quality of the award letters which don’t specify CESA/IRESA.
CESA recipients should routinely be advised to claim help with NHS charges on low income grounds.
We have had anumber of these as well but in all the cases the person was entitled to IRESA as well but wasn’t actually getting it- they were all ‘migrations’ from IB that went through on scrutiny so no one ever completed an ESA form. There was a previous thread about this but I can’t remember where it was
It may also just be that her entitlement to CESA has been determined quicker than any IRESA on top? They may still be working on that…...