CA + Cont ESA, who should pay?

Brighty75

Hi all

My wife went off sick from work last year with a back injury, her SSP period ended a few weeks ago and she has moved onto contribution based ESA.

She is also in receipt of carers allowance.

I know these are overlapping benefits and she would only receive the higher of the 2, ESA, but who should pay that amount? Should we get CA plus a top up from ESA, or the full amount from ESA?

Payment was due on Thurs, but only received a top up amount, no CA has been received.

Looking back through paperwork, we have a letter from CA saying it will stop as ESA is higher and another from ESA saying payment will be ESA minus CA

Who do we contact to dispute, who is wrong?

Thankyou

pmlindyloo

Since the ESA is contribution based then it is this amount that should be paid.

You need to telephone ESA and ask why they have only paid a 'top up'.

It may be something to do with CA not informing them that the CA has been stopped.
Or it could be something to do with the dates ESA is paid and there was an overlapping CA.

Hope this helps.

Method of adjustment 1 SS (OB) Regs, reg 4(2); 2 reg 2(1) definition of “personal benefit”

 17050 Where a claimant is entitled to two or more personal Act benefits the DM should follow the steps in DMG 17051 - 17061 to identify which benefit takes precedence and how to make the adjustment to the other.

 First step 17051

If one of the benefits is a contributory benefit and the other is not, the contributory benefit takes precedence and the non-contributory benefit is the one to be adjusted. This is done by deducting the amount of the contributory benefit from the amount of the non-contributory benefit1. The amount of the contributory benefit is payable in full but only the balance of the non-contributory benefit, if any, is payable.

 Example 1 SS (OB) Regs, reg 4(5)(a) A claimant in receipt of SDA at the rate of £59.45 becomes entitled to reduced basic Category A RP at £48.83. RP is a contributory benefit while SDA is non-contributory, therefore RP is paid in full together with a balance of £10.62 SDA.