Esa

scoobysue61

Hi I have been receiving income-based ESA. In March I received 2 letters one stating my money was going up on income-based the other saying my money was going down on contribution-based. I rang and queried it to be put on the 48 hour call back which they called when I had to go out. I expected them to try again or send a letter but this didn't happen. I have now received a fine from NHS for claiming free prescriptions. I rang DWP again to query which ESA I was on to be told I was on contribution-based. I don't understand why I would be changed as my circumstances haven't changed. I could understand more if I'd gone from contribution-based to income-based but not this way round and really feel I want to challenge the NHS fine.

Any help/advice appreciated.

calcotti

How much ESA are you getting and what were you getting previously?

scoobysue61

Was getting £125 then dropped to £109

calcotti

scoobysue61 wrote: »

Was getting £125 then dropped to £109

That sounds like you were getting contribution based ESA of basic amount plus support component topped up with an income based enhanced disability premium. This would have made you eligible for free prescriptions. It has now dropped to just the basic amount plus support component (which should now be £110.75/week) which means that you have lost the income based part and are no longer eligible for free prescriptions.

You say that nothing in your circumstances has changed but DWP obviously think something has. This is either going to be additional income from elsewhere or an increase in capital. Do the letters say what DWP have taken into account (and is it correct)?

scoobysue61

So it's the income based disability premium that qualifies me for free prescriptions?

If they give me that back will I qualify for free prescriptions again and will I be able to challenge NHS fine?
Info they have is up to date am awaiting decision

tazwhoever

I know its weird. I remember when I was on IB ESA (top up for partner) and got £170 p/w and could claim free medicines. When it was dropped to CB ESA £110, I couldn't! But had to use Tax Credit Exemption.

calcotti

scoobysue61 wrote: »

So it's the income based disability premium that qualifies me for free prescriptions?

If they give me that back will I qualify for free prescriptions again and will I be able to challenge NHS fine?
Info they have is up to date am awaiting decision

tazwhoever wrote: »

I know its weird. I remember when I was on IB ESA (top up for partner) and got £170 p/w and could claim free medicines. When it was dropped to CB ESA £110, I couldn't! But had to use Tax Credit Exemption.

It’s having a means tested benefit that gives rise to entitlement. So when assessed for ESA you need to have an entitlement of more than £110.75/week in order to get an income based top up given that you are already entitled to this through your contribution based entitlement.

scoobysue61

I get £37.65 income-related for Support Group but because they are saying I am entitled to contribution-based ESA they will pay £110.75 which is the total I receive

calcotti

scoobysue61 wrote: »

I get £37.65 income-related for Support Group but because they are saying I am entitled to contribution-based ESA they will pay £110.75 which is the total I receive

The £37.65 is the Support Group component which can be awarded within either an income based award or a contribution based award. It is not specifically income related.

scoobysue61

The last letter I received stated £37.65 is income related

calcotti

scoobysue61 wrote: »

The last letter I received stated £37.65 is income related

ESA letters are notoriously difficult to interpret.

What they usually do is show how they have worked out your income based entitlement. If you have a contribution based entitlement this is only referred to at the end when they someone like “because you are entitled to contribution based a ESA we will pay you . . “

So in the breakdown of your award what does it show and what other income have they deducted which reduces your income based entitlement to less than £110.75?