ESA Income Based

carol7

My daughter has claimed ESA approx 13 weeks ago. She is still awaiting work group assessment and is currently receiving contributory ESA. I am trying to establish if she is now entitled to income based ESA as she has been on ESA for 13 weeks and I understand that after 13 weeks you are entitled to help towards your mortgage costs. What I am struggling to understand is does she have to be receiving income based ESA for 13 weeks before she is entitled to the help with mortgage costs or does contributory ESA count towards the 13 weeks. If not then will she have to wait until the contributory ESA expires which seems very unfair to me?

rogerblack

For people with a contributory ESA entitlement, if they have no other household income or savings, they also have an income-related ESA entitlement.

If they have other income or savings over and above their ESA, they may not be entitled to this.

At least the above is my understanding.
Does she have other household income or savings?

carol7

Yes she has other income. However if she was awarded help with her mortgage even taking into account the other income she would still be entiltled to some income based ESA. Again this is dependent on the 13 week qualifying period.

pmlindyloo

carol7 wrote: »

Yes she has other income. However if she was awarded help with her mortgage even taking into account the other income she would still be entiltled to some income based ESA. Again this is dependent on the 13 week qualifying period.

You will have to give us the numbers to help further

What other income does she have? Does she have any savings/capital?

carol7

Thank you for your replies. I have worked out the she is entitled to a small amount of income based ESA once the mortgage iassistance is included. However what I am struggling to find out is does she have to be receiving income based ESA for 13 weeks before it is awarded as currently she is receiving contributory Esa

pmlindyloo

When you sign on for contribution based JSA you are also assessed for income based JSA. You can only receive one benefit at a time (and contribution based is always given preference) so even if you are eligible for both you will only receive one payment and your paperwork will only mention that you are on the one benefit.

If you are on contribution based JSA and reach your 13 weeks you will only be eligible for SMI (support for mortgage interest) at that point if you are also eligible for income based JSA (ie your income & savings are below a certain threshold).

carol7

Thank you that has clarified the position for me.

rogerblack

carol7 wrote: »

Yes she has other income. However if she was awarded help with her mortgage even taking into account the other income she would still be entiltled to some income based ESA. Again this is dependent on the 13 week qualifying period.

Are you computing her income by subtracting the mortgage payments from her other income?
Because I'm fairly sure that's not how it works, even for SMI.

Studebacher_Hoch

Purely answering the original question, I think the assessment period on contributory ESA should count towards the 13 weeks waiting period. In the ESA Regs section on housing costs you're treated as having an income-related allowance in certain circumstances, including hers.

Just in case there's a problem the exact reg is in the housing costs section of the ESA Regs 2008 - Schedule 6, Paragraph 15 (8 & 9)

"(8) For the purposes of this Schedule [housing costs], sub-paragraph (9) applies where a claimant is not entitled to an income-related allowance by reason only that the claimant has–
(a) capital exceeding £16,000; or
(b) income equal to or exceeding the applicable amount which applies in that claimant’s case; or
(bb) an amount of contributory allowance payable in respect of a claimant under section 2 that is equal to, or exceeds, the applicable amount in the claimant’s case; or
(c) both capital exceeding £16,000 and income exceeding the applicable amount which applies in that claimant’s case.

(9) A claimant to whom sub-paragraph (8) applies is to be treated as entitled to an income-related allowance throughout any period of not more than 39 weeks which comprises only days–
(a) on which that claimant is entitled to a contributory allowance, a contribution-based jobseeker’s allowance, statutory sick pay or incapacity benefit; or[...]"

So basically I think as she should be treated as entitled to an income-related allowance during her C-ESA assessment period she should have served her waiting days.