Income based ESA and cont esa

JovisUK

Watched show last time! "everytime really!" Lady contacted the show about being on Income based ESA and also contribution based ESA?

The chap from DWP did not really answer the question other than to say Check you are actually on Income based ESA?

My wife is the same She definitely gets Income based ESA her main benefit, but they stated topped up by Con ESA. 
Every year when my private pension goes up they ask for proof of increase as this would affect my wife's Income based ESA ! 
Years ago this was stated that it was due to her coming of the OLD sickness benefits and the amount given could NOT be less than she was already on?

When I called about this they stated because she gets the cont ESA as well she is not entitled to the Cost of living payment.
Then said if she was lucky she should get the smaller payment through her PIP!!!

They seem to use whichever benefit they want to NOT give you any help?

poppy12345

A contributions based award can include the Income Related top up and this award would be known as "Income Related"

The Income Related top up is means tested so would include some extra money for you as her partner. Any pension you receive will reduce the Income Related ESA £1 for £1 so depending on how much pension you receive per week, it could reduce the Income Related top up completely but because she's entitled to contributions based then this is the least amount she could receive unless your pension is more than £85/week.

If the amount of ESA she receives is £117.60/week then this is all contributions based and yes, she won't be entitled to the CoL payment.

Robbie64

It doesn't matter if someone receives conts ESA so long as any amount of income based ESA is also in payment. If this applies then the person qualifies for a CoL payment.

You need to check that she is actually getting some income based ESA. The annual uprating letters aren't usually very clear about which type of ESA is actually in payment. Hwoever, if you have to provide your private pension details each year then it suggests it is IB ESA.

poppy12345

Robbie64 said:

 Hwoever, if you have to provide your private pension details each year then it suggests it is IB ESA.

Or at least part of it could be Income based but the income based part could be completely reduced and just the contributions based may still be in payment.

calcotti

JovisUK said:… She definitely gets Income based ESA her main benefit, but they stated topped up by Con ESA.  

That’s the wrong way round. If mixed it is CB ESA topped up by IB ESA.

JovisUK

Hi
Thanks for replies guys.
Stil as clear as mud! :-)
Her letters clearly state income Esa larger amount, then states she is also entitled to con Esa which is a lower amount? Whenever I call dwp they state they take the greater benifit as the main one? But not this time.. 

calcotti

JovisUK said:

Stil as clear as mud! :-)
Her letters clearly state income Esa larger amount, then states she is also entitled to con Esa which is a lower amount?

It doesn’t matter what the relative amounts are. It is CB-ESA (£117.60) topped up by IB-ESA. This will refer to DWP as income based if any IB-ESA is being paid regardless of the amount of IB-ESA but it remains a mixed award.

There will be maximum IB-ESA amount.
The CB-ESA entitled will be deducted.
Any pension income will be deducted.
If there is anything left that is the amount of IB-ESA being paid.

if any IB-ESA is in payment then there is entitlement for CoL.

Would you be willing to post the calculation and amounts?