I have just been chasing a Cold Weather Payment for a client of mine who is in receipt of Income Related ESA in the main phase. According to all the guidance, including the direct.gov website, she should be entitled. Correct?
Wrong. Despite being 'considered' to be on Income Related ESA, she actually receives Conts based ESA with and Income Related top up. Which according to the DWP, means that she is not entitled. I was told this morning that if someone has any element of Conts based ESA, then whether or not they have an Income Related top up, they will not get a CWP.
I cannot understand how this can be fair or legitimate as she was eligible to claim a Budgeting Loan for which she has to be on an income related/based benefit, but apparently this is not good enough for a CWP.
Has anyone else had a similar experience, or confirm if this is correct as this has completely thrown us and goes against the guidance we have.

Many thanks

Mike Tipple
Welfare Advice
South Gloucestershire Council

Mike,
Sounds as though DWP are making it up as they go along.

SI 2008/1554 (7.47) below:

Social Fund Cold Weather Payments (General) Regulations 1988

7.47 Under prescribed circumstances, a claimant may be entitled to a Cold Weather Payment. These circumstances are where there has been a recorded period of cold weather or a forecasted period of cold weather at a weather station identified within these regulations. A claimant may qualify for a Cold Weather Payment where they have an award of ESA(IR) which includes either a Pensioner Premium or a Severe Disability Premium and they live within a designated post code area.

We reckon that you’re right and should challenge via revision or appeal. Good luck.

Just when you think you have heard them all! Just how do some of the staff at the DWP get it so wrong. Looking at the regulations and publicity, (not to mention using common sense), a person has to try really hard to get anywhere near the opinion they come up with.

How many other people have been denied?