No longer eligible for ESA (Contribution based - support group)

AdamPD

Hi all,

I'm in a bit of a panic, for the last 2 and a bit years I've been receiving ESA and UC without any issue

But on Saturday I noticed my bank balance was a lot lower than expected and I discovered I hadn't received any ESA payments this month.

So I called up this morning first thing and they couldn't figure it out, but were going to ask the DWP to issue a payment

Fast forward to 1pm and I received a call to say I wasn't eligible for ESA anymore and shouldn't have been paid at all this year, as they'd made an error when they got my tax/NI contribuitions from the HMRC and approved this years payments when they shouldn't have?

I'm still a bit confused to be honest, but concerned now they're going to come after the payments, but also what will happen to my UC payments

My last ESA payment was the 21st of July and my last UC payment was the 4th of this month.

I currently get a deduction for being on ESA as well as UC, so I assume that will be amended, but
I was also in the support group for ESA and I'm worried they will now start pushing me to return to work or insist on weekly work coaching stuff again.

Has anyone experienced this?

Any advice is appreciated.

poppy12345

As you were in the Support Group for ESA then your UC should have also included the LCWRA element. This means there's no financial gain to claiming ESA at the same time as UC, so you won't be any worse off.

The ESA is deducted in full from any UC entitlement so any overpayment for ESA should be recovered from UC. You should tell UC that you're no longer claiming ESA but this will not affect the LCWRA element of UC which will continue to be paid as normal. There will just be no deductions from your UC for the ESA.

Alice_Holt

Your UC work commitments should be the same as ESA.  So you shouldn't be asked to look for work. 
You should be in the LCWRA UC group.  Check that you are getting the LCWRA element.

 I wasn't eligible for ESA anymore and shouldn't have been paid at all this year, as they'd made an error when they got my tax/NI contribuitions from the HMRC and approved this years payments when they shouldn't have?
That sounds wrong to me. Once in the SG, ESA can continue indefinitely. Request a decision letter and take it to your local advice charity for help.
DWP call handlers often give incorrect info.   



Getting UC to correct the incorrect ESA deductions might be difficult, as UC & ESA don't talk to each other. Start by putting messages in your UC journal, and seeing if your local advice charity can help. Take screenshots of the incorrect payment schedules. 

poppy12345

Alice_Holt said:

Which ESA group are you in - Support Group or the WRAG ?

Subject of the thread says CB ESA Support Group.

AdamPD

Thanks all
Yea it's all a bit weird, they just stopped payments with no letter or phone call to say why.
Even when I called this morning I was on hold for about 15 minutes because they couldn't figure out why.
I've added a note to the journal on my UC account.

Alice_Holt

AdamPD said:

Thanks all
Yea it's all a bit weird, they just stopped payments with no letter or phone call to say why.
Even when I called this morning I was on hold for about 15 minutes because they couldn't figure out why.
I've added a note to the journal on my UC account.

      Had you been in the WRAG group it would be more understandable, as payments are limited to 12 months.

      In the Support Group, ESA payments can continue indefinitely. 

   https://www.disabilityrightsuk.org/resources/new-style-employment-and-support-allowance#:~:text=ESA support group and work-related activity group,-Support group - If&text=You will get a higher,remain in the support group).


    I suspect that the ESA decision may be wrong, and needs challenging. 
    I might start with a Mandatory Reconsideration request of their decision to stop ESA payments.
    

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/problems-with-esa/challenging-an-esa-decision/

Newcad

The statement ESA have made about HMRC/ NI contributions and qualifying years is just nonsense.

As Alice_Holt says that sounds like a call handler grasping at straws for some kind of explanation.

Unless of course there is a more here than we have been told so far, eg. a (18 month?) reassessment, FFW, new claim instead of appealing? Such a new claim would (usually) need qualifying years.

AdamPD

I did check my NI contributions a few minutes ago and the only gap is way back in 2014 (Partial contributions), the rest are showing as full.

I think I originally started ESA (CB) 3-4 years ago, I was medically assessed twice and placed in the support group
I then applied for UC based on advice from my doctor
So I have been getting both, with UC being reduced due to getting ESA
I was getting £259.00 every fortnight for ESA and I currently get £197.63 a month for UC.

Muttleythefrog

Agree with the recent posts... this is odd.... it sounds like you were getting C-Based ESA Support group and also Universal Credit (reduced by the unearned income of the ESA) and there seems no reason that would stop unless a decision on the ESA changed something (e.g. has there been a reassessment and WRAG or no award determined) or indeed there has been some error in awarding it in first place. It really needs looking at and it would be advantageous to remain in a situation of getting the ESA and UC not least since the former is non means tested.

I've just done some maths and I assume I am correct in saying you are getting UC at single person rate with LCWRA component added.... that'd fit exactly with the UC and ESA payments you normally (were to) get.
368.74(UC Single)+390.06(UC LCWRA)-561.17(ESA/month)=197.63 UC per month

Agree with Alice... if they cannot offer explanation that makes sense or admit error and correction in process regarding ESA then a formal approach to reconsider the decision could be necessary. Do check the current status of UC as obviously any decision on entitlement to Support group/LCWRA (or WRAG/LCW) should apply to both benefits.

Be interesting to see what emerges about this one... please keep us informed if possible.

AdamPD

Thank you all I really appreciate the advice

Quick question, is there an obvious positive to having both benefits?
It looks like I'm no better or worse off assuming I still get the same amount each month from UC?
The only obvious downside I can see is not being paid once a fortnight.

poppy12345

AdamPD said:

Thank you all I really appreciate the advice

Quick question, is there an obvious positive to having both benefits?
It looks like I'm no better or worse off assuming I still get the same amount each month from UC?
The only obvious downside I can see is not being paid once a fortnight.

New style ESA isn't means tested so could potentially come in useful in the future. Partners earnings/saving/capital and pensions of up to £85/week are all ignored. You also receive class 1 NI credits.

UC is means tested so savings/capital of more than £6,000, working partner and pensions all affect the amount of UC you're entitled to. For UC you receive class 3 NI credits.