Can anyone help?

pmlindyloo

Scenario:
Claimant has a contribution based ESA award with an income based 'top up' then income from a small private pension means that the income based 'top up' is no longer given.

Does that award then become a contribution based ESA award which means no passporting to maximum housing benefit OR is there an entitlement to an income based award (although nil payment) which passports to maximum housing benefit?

Hope that is clear.

Afraid_of_Kittens

Classed as contribution based. There are no underlaying entitlement rules.

pmlindyloo

Afraid_of_Kittens wrote: »

Classed as contribution based. There are no underlaying entitlement rules.

Many thanks.

May I ask another question?

Does the DWP share data with local authorities as regards housing benefit?

So claimant originally passported to maximum housing benefit but when the private pension started which meant no income based 'top up' the council did not know and therefore an overpayment has occurred.

Was it solely the claimant's responsibility to report a change of circumstances or would the DWP inform the council?

poppy12345

They do share information yes but it's still the claimants responsibility to report any change of circumstances.

pmlindyloo

poppy12345 wrote: »

They do share information yes but it's still the claimants responsibility to report any change of circumstances.

Do you know if the DWP would have reported specifically the private pension income and the loss of the income based 'top up' to the council?

Plus, (sorry) if the clamant had asked the DWP whether they had an income based claim (for the purposes of passporting to free prescriptions, for example) and the DWP had confirmed that the claim was income based, would this be enough to try for an official error as regards the overpayment. i.e the claimant still believed that it was an income based claim and therefore was still entitled to maximum housing benefit.

xylophone

Do you know if the DWP would have reported specifically the private pension income and the loss of the income based 'top up' to the council?

If it was the claimant's responsibility to report a change of circumstances (and I don't quite see how he would not have realised that starting to receive additional income from a pension required reporting), then it is immaterial whether they did or not?

Plus, (sorry) if the clamant had asked the DWP whether they had an income based claim (for the purposes of passporting to free prescriptions, for example) and the DWP had confirmed that the claim was income based, would this be enough to try for an official error as regards the overpayment. i.e the claimant still believed that it was an income based claim and therefore was still entitled to maximum housing benefit.

Is the claimant alleging that he telephoned the DWP to report his additional income and was told that his claim was still income based?

poppy12345

pmlindyloo wrote: »

Do you know if the DWP would have reported specifically the private pension income and the loss of the income based 'top up' to the council?

Plus, (sorry) if the clamant had asked the DWP whether they had an income based claim (for the purposes of passporting to free prescriptions, for example) and the DWP had confirmed that the claim was income based, would this be enough to try for an official error as regards the overpayment. i.e the claimant still believed that it was an income based claim and therefore was still entitled to maximum housing benefit.

I'm going to say no, they wouldn't share such specific information but i could be wrong.



If they had asked which one they were claiming and they were told Income Related then unless they had this in writing then i'm unsure what they can do. We all know how unreliable these advisers are from DWP...

tboo

I'm going to suggest contacting the LA to check what they have, as even though HB departments are told ESA is in payment the assessor has to know which one, C or IB - they access via the ATLAS system and look



As there is now a pension involved then ESA does need to be checked


ETA
Daily reports are sent but if ESA is mentioned assessors can get sloppy and not check

NedS

xylophone wrote: »

Is the claimant alleging that he telephoned the DWP to report his additional income and was told that his claim was still income based?

Doesn't really matter. The claimant would have received a decision letter in writing clearly stating whether the award was income based or contribution based (I say clearly, but unfortunately these letters are anything but clear IMHO). The claimant can not reasonably claim they did not know.

Afraid_of_Kittens

The last few councils I worked for we used to get an eletronic NHB8 cancelling the ESA I as 'income exceeds' via ATLAS.

This would electronically suspend the claim. The electronic NHB8 was sent to our document imaging system and indexed to the claim. A human would then look at it and either cancel or keep suspended and write to the caimant requesting further info.

But it was the resposibility of the claimant to notify the HB Department of the change in financial circumstances irrespective of already norifying the DWP - this is why Universal Credit was hailed as such a wonderful idea so there was just one point of contact for all changes in household or financial circumstances...