Attn Mikey Bach

Horseunderwater

From what I can see they are deducting both the Carers allowance from your award and the WTC. If you have not been getting that for a few months then you need to tell them this fact so that an adjustment can be made to the DWP ESA payment. They should be paying you £53.12 based on that letter per week. Is that what you get? The SMI would go to your lender so you would not see this. You may need to send DWP copies of awards from HMRC TC as proof that you do not get WTC anymore along with bank statments (copies only) and then hopefully they will reinstate the £89.53 deduction back into your DWP ESA payment. May take a little time to sort it.

wife25

Thanks.
I was getting £106.50 per week paid fortnightly/
My mortgage lender has never received any payments from DWP.
I'm even more confused now.

mikey_bach

First of all are you sure you are not getting working tax credits, am not doubting you but ESA are saying that you are receiving them.
They are saying in that award letter you are not entitled to Income Based ESA which gives you the help with your mortgage because you have CA, which is correct and WTC coming into the household...

Because of this they are paying you a flat single rate of ESA conts £106.50
and your ESA IB top up for your partner and mortgage is being wiped out by the WTC and CA

They have never paid any payment to your lender because of the WTC

epitome

Ok, you don't need to ask all those questions we now have most of what we need.

You need to phone working tax credits and ask for a letter from them to confirm when they stopped paying you. You then forward this letter to ESA if you need to. (see below)

You need to phone ESA and ask for a callback from the mortgage section.... asking them why your lender has never had any payment.
Whilst you are on the phone to ESA you tell them your working tax credits stopped a long time ago and can they check that and adjust your claim to increase the ESA.
The mortgage department will probably not be able to do this for you so hopefully they will get the other department to also call you back, if not you will have to chase that up in another phonecall to ESA.

If ESAsays "we cannot see that the working tacx creditsa has stopped, so you will need to ask WTC to send you a letter and you send that letter to us" Then that is what you will have to do. But you will have already asked WTC for letter to be sent - because you will be phoning them tomorrow to ask for a letter.

Whilst you are on the phone to the ESA ... ask them why you got £190 last week and is your claim still in payment?

mikey_bach

ESA can check CIS, they will be able to see the last date of payment for WTC so if it has stopped then they will have no excuse not to take it out and adjust the claim

epitome

mikey_bach wrote: »

First of all are you sure you are not getting working tax credits, am not doubting you but ESA are saying that you are receiving them.
They are saying in that award letter you are not entitled to Income Based ESA which gives you the help with your mortgage because you have CA, which is correct and WTC coming into the household...

Because of this they are paying you a flat single rate of ESA conts £106.50
and your ESA IB top up for your partner and mortgage is being wiped out by the WTC and CA

They have never paid any payment to your lender because of the WTC

I disagree, it looks to me that they are paying the mortgage, it just isn't reaching the lender for some reason.

But the best thing to do is speak to the mortgage department.

epitome

mikey_bach wrote: »

ESA can check CIS, they will be able to see the last date of payment for WTC so if it has stopped then they will have no excuse not to take it out and adjust the claim

But only if CIS shows it as stopped which all too frequently it doesn't.

mikey_bach

wife25 wrote: »

I would like to thank each of you for all your help, it means a lot to me so thank you.
I received a letter yesterday with the breakdown, but first our history.
Prior to this claim which was awarded Nov 12, I was self employed, I closed my small business because of my health .I was claiming working tax credit for myself and my husband child tax credit and child benefit, nothing else. HMRC told me my working tax credit was still to be paid for 26 weeks alongside my esa support group.
My husband has not worked for many years he has looked after our child who is now 7.
The letter I received has the following breakdown which has me in tears of frustration,

ESA based on NI contributions 2009-2011

ESA for you and your partner if you have one the law says you need to live on £112.55

Dependent children ( name age 7 )

ESA rate after 13 weeks top up £34.80

Extra money for you or your partner are a carer £33.30

Extra money because of special circumstances £21.75

Help with housing cost £41.89 (we have a mortgage)

The maximum the law says we can pay you is £244.49

We take off money from your INCOME RELATED esa because you get benefits £59.75 (carers) AND £89.53 working tax credit (which we no longer get and haven't for months)

Total for columns A&B £95.01

From the 10/04/2013 the weekly amount of ESA you will get is £95.01 this includes a weekly mortgage payment of £41.89.

Please can someone tell what this means.

this is the last benefit entitlement letter
I think the OP has just been assessed for ESA IB
she was paid this in her last payment
"The payment was for £190.02 "
this is two weeks as above

previously she was getting £106.50 this is single ESA conts

If WTC is not in payment then it needs to be taken out of the assessment, it should show in CIS the start date of the new award ie CTC was awarded on its own, and WTC stopped.
If WTC is in payment then this is an OP and HMRC needs to stop it
then when its taken out then SMI can kick in, but as said
the OP needs to phone ESA and clarify

wife25

Thank you so much for your time and expertise.
I will phone tomorrow, then I will post the outcome.

epitome

OP you should ask why your ESA C stopped after 1 year, it shouldn't stop if you are in Support Group.

You should be prepared for ESA to say to you that they cannot see WTC has ended in CIS. This frequently happens and then you will have to get a letter from WTC. You might aswell phone WTC first and request a letter from them.