CR vs IR ESA

Tommo1980

I have read of claimants being incorrectly transitioned from IB to CB ESA without being awarded the correct IR top up. I have also read about large back dated payments years later.

However it is impossible to say whether this would apply to a specific case. Specialist help and advice would be needed. CAB would be a good starting point.

You absolutely cannot receive both at double the rate. If you are on CB ESA with no other income/savings you may be entitled to an IR top up/premium. Again, CAB would be able to advise.

Tom

pmlindyloo

As already said it is possible that your relative should have been entitled to income based ESA as a 'top up' to their contribution based ESA if they were eligible for disability premiums and met the criteria for income based ESA.

A basic guide to these premiums are here:

https://www.rethink.org/living-with-mental-illness/money-issues-benefits-employment/employment-support-allowance/about

We would need to know a time line of awards (and so would CAB), the rates of DLA and PIP that they received and their personal circumstances.

There are some cases where a claimant was not assessed for income based ESA on transfer from IB (which they should have been) and backdating, if appropriate should be awarded.

An interesting thread on the whole subject:

http://www.rightsnet.org.uk/forums/viewthread/5928/

As you can see, your relative is likely to need advice from a benefits specialist to pursue this if they are eligible.

TELLIT01

At one time a lot of people were simply being transferred from IB to ESA Conts without any assessment of potential entitlement to Income Related benefits. The checks / reassessment should have been done on every claim, but I'm sure you'll be shocked to hear that hitting the targets for transfer was given much higher priority than making sure the correct payments were made!

positiveR

Yes I'm "totally shocked"!!!!