Ir esa top up for sdp

poppy12345

Countryviews wrote: »

Old style as I did a joint application at the start for cb and ir. They turned down ir and said claim universal credit

When did your ESA claim start?

Countryviews

My esa started 22/8 when I applied for both ur and cb at same time. My housing benefit was reassessed to include sdp from 21/10. I have been on legacy tax credits the whole time with wtc stopping with esa start. I still get child tax credit for my 14 Yr old

poppy12345

Countryviews wrote: »

My esa started 22/8 when I applied for both ur and cb at same time. My housing benefit was reassessed to include sdp from 21/10. I have been on legacy tax credits the whole time with wtc stopping with esa start. I still get child tax credit for my 14 Yr old

This will be your problem. You are claiming New style ESA and you can't claim the income related top up on this one. You can only claim the Income related top up on the old CB ESA.

poppy12345

calcotti wrote: »

I recall reading somewhere that somebody claiming new style ESA who subsequently gets an SDP in their Housing Benefit (and is therefore excluded from UC) can be moved back onto legacy ESA and assessed for an income based top. If i can remember where I read it I’ll post a link.

Take note of this. I'm sure when calcotti sees this they will advise how you transfer to the legacy ESA. Until that's done you won't be able to claim the SDP on your current ESA.

calcotti

Countryviews wrote: »

My esa started 22/8 when I applied for both ur and cb at same time. My housing benefit was reassessed to include sdp from 21/10. I have been on legacy tax credits the whole time with wtc stopping with esa start. I still get child tax credit for my 14 Yr old

As poppy says this means you are on new style ESA which is contribution based only. Claiming ir-ESA would not have been possible if you did not already have SDP in your HB.

Can you confirm also that you live without any other adults (or if there are other adults that they too get a disability benefit) and nobody claims Carer’s Allowance for looking after you.

Countryviews wrote: »

Old style as I did a joint application at the start for cb and ir. They turned down ir and said claim universal credit

What makes you think you did a joint application?

With hindsight your ideal process would have been to get the PIP, get the HB reassessed to include SDP and then claim old style ESA - but there is no way you would have known that.

However this discussion suggests that it may be possible to reverse out of new style ESA onto old style ESA https://www.rightsnet.org.uk/forums/viewthread/15018 although I confess I don’t fully follow the argument and it appears the advisers on the thread are not in full agreement.

It certainly doesn’t look easy and appears to require making a claim for UC, in order for it to be rejected and for you to be pushed back onto old style ESA. Unfortunately this seems to have lots of scope to go wrong and if DWP do accept a UC claim your CTC will stop.

Logically it must be possible because you could close your existing new style ESA claim and then immediately make a new application for ESA which would be allowable as legacy based ESA because of the SDP in your HB. Unfortunately, as often remarked in this forum, the legislation is not always logical.

I believe there is a specialist UC SDP Gateway team but I don’t know how you get to speak to them - possibly members of the public can’t.

If you have access to an advice agency with benefits advisers I think it would be sensible to see if you can get assistance rather than trying to resolve this yourself.

Alice_Holt

calcotti wrote: »

I believe there is a specialist UC SDP Gateway team but I don’t know how you get to speak to them - possibly members of the public can’t.

If you have access to an advice agency with benefits advisers I think it would be sensible to see if you can get assistance rather than trying to resolve this yourself.

I believe the Gateway team can be contacted on the telephone number quoted in my first post.

"If you have any queries regarding SDP and UC you can call a specialist DWP team on 0800 181 4049."

Countryviews

Hi I'm definitely not on new style I claimed for cb and ir from the start. I have a phone recording of my claim when I discussed this and he told me I'd likely get turned down for ir esa.
I claimed esa 1/10 same day I got notification that my hb was being reassessed. The fact is I may not have got it yet but I was entitled to it which the gateway clearly covers.
I've now asked for an esa3 which they've agreed to send but saying I'm wasting my time.

poppy12345

Countryviews wrote: »

Hi I'm definitely not on new style I claimed for cb and ir from the start. I have a phone recording of my claim when I discussed this and he told me I'd likely get turned down for ir esa.
I claimed esa 1/10 same day I got notification that my hb was being reassessed. The fact is I may not have got it yet but I was entitled to it which the gateway clearly covers.
I've now asked for an esa3 which they've agreed to send but saying I'm wasting my time.

This completely contradicts what you say in 2 different comments. I think you should check your dates because if you did claim on either of those dates then you're definitely claiming New style ESA.

Countryviews wrote: »

My esa started 22/8 when I applied for both ur and cb at same time. My housing benefit was reassessed to include sdp from 21/10.

calcotti

Alice_Holt wrote: »

I believe the Gateway team can be contacted on the telephone number quoted in my first post.

"If you have any queries regarding SDP and UC you can call a specialist DWP team on 0800 181 4049."

Thanks Alice - sorry I missed that.

calcotti

How is your ESA described on your award letters?