Changing to Income Based ESA from Contribution ESA

Stripeybat

I hope its ok to respond to this as I'm a newbie

But I just wanted to jump in and say, OP I hear you! My circumstances are a little different - I was on contributions ESA support group as I was transferred over from Incapacity Benefit Youth, I have never worked, no savings over the income limit etc. My partner recently moved in with me, he was on ESA income based support group so we called to register with the DWP as a couple. Everyone (even benefits calculators and CAB! :eek: ) told us my Contributions ESA would remain and I would get an income related top up to replace my partner's ESA and together it would add up to the same as ESA income based, couples rate. Not so! They moved me straight over to Income based ESA, couples rate for us both. I have definitely lost my contributions entitlement, DWP have confirmed this.

So the long and short of it is that I don't know the answer to your question, I'm sorry But I understand your confusion. My best advice would simply be to phone the DWP and ask, because we got such differing advice. I do know that there is a form you can request to have your Contributions ESA changed to Income based, if you qualify. They can also advise you if you qualify for any of the income based top ups too. Again, not to go against what other people have said - this is just what happened to us. Good luck x

Fluffybunny80

This is wrong.
My husband claims contribution based esa with an income related couples rate top up, plus premiums.
He was solely on contribution based until I had to leave work due to my poor health.
You only need to get 1p income based top up to qualify for free prescriptions etc too.
As long as in support group, you continue your contribution esa and if no other income or very low income, You can got the top up plus premiums too.

Alice_Holt

Stripeybat.

I wonder if this has happened, because your partner is viewd as the main claimant by the DWP??

I think you should challenge it. As Fluffybunny has indicated this seems wrong.
Get some advice ASAP as there are linking rules which could enable you to be the main claimant and reinstate your CB Esa.
I'm not entirely sure on this - so do go back to the CAB asap as the linking rules are time-limited.
The DWP do get things wrong - you may find they have made a mistake at your cost.

I think you need to clarify this. It doesn't seem right to me.

Stripeybat

Alice Holt,

Thank you so much for your advice, I didn't expect that and I very much appreciate it.

I am definitely the main claimant, letters come to me and talk about my claim for the couple's ESA.

It was a very complicated thing to work through the long and short of it was that benefits calculators, CAB and two DWP advisors told us we would get my CB ESA with his IR ESA amount deducted off so an income related top up would be added. A further two advisors told us that this was untrue and it would be changed to couple's IR ESA. We were shunted from pillar to post when enquiring, and it finally ended with us being sent an ESA 3 form to fill out which was done in my name as the main claimant. We were even given different advice on who should be the main claimant!

It was such a long wait to get it sorted and so much stress that in the end we just were relieved to get any answer and assumed it was right We had best make another appointment with the CAB I suppose.

Thank you Alice, and sorry OP for the hijack of your post

sammyjammy

Stripeybat wrote: »

Alice Holt,

Thank you so much for your advice, I didn't expect that and I very much appreciate it.

I am definitely the main claimant, letters come to me and talk about my claim for the couple's ESA.

It was a very complicated thing to work through the long and short of it was that benefits calculators, CAB and two DWP advisors told us we would get my CB ESA with his IR ESA amount deducted off so an income related top up would be added. A further two advisors told us that this was untrue and it would be changed to couple's IR ESA. We were shunted from pillar to post when enquiring, and it finally ended with us being sent an ESA 3 form to fill out which was done in my name as the main claimant. We were even given different advice on who should be the main claimant!

It was such a long wait to get it sorted and so much stress that in the end we just were relieved to get any answer and assumed it was right We had best make another appointment with the CAB I suppose.

Thank you Alice, and sorry OP for the hijack of your post

The difference is that the OP is presumably entitled to Cont based ESA because of paid NI, youth IB isn't based on contributions of NI that have been paid by you so your circumstances are not the same. In all likelihood there is a rule for those that were on Youth IB that make a change of circumstance such as yours which ends the contributory element for good.

Alice_Holt

sammyjammy wrote: »

In all likelihood there is a rule for those that were on Youth IB that make a change of circumstance such as yours which ends the contributory element for good.

Very possibily. Benefit Law is horrendously complicated!!

It may still be worth Stripeybat getting a definite answer from a DWP decision maker. Esp as she has had conflicting advice from the DWP. A late appeal can be made within 13 months of the relevant decision letter.

Her local CAB could perhaps contact the CAB specialist unit (SSU) on her behalf to confirm if this indeed is the case.

Do you think it would be worth confirming this, sammyjammy?

Stripeybat

sammyjammy wrote: »

The difference is that the OP is presumably entitled to Cont based ESA because of paid NI, youth IB isn't based on contributions of NI that have been paid by you so your circumstances are not the same. In all likelihood there is a rule for those that were on Youth IB that make a change of circumstance such as yours which ends the contributory element for good.

A very valid point. Thanks, Sammyjammy.