Income-related ESA on top of contribution-based ESA

Anthony Collins made this Freedom of Information request to Department for Work and Pensions

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Anthony Collins

Dear Department for Work and Pensions,

Age UK details in Factsheet 81 "Calculating income-related Employment and Support Allowance"
-1- Contribution based ESA can be paid indefinitely if placed in the support group
-2- Income-related ESA: can be paid on top of contribution-based ESA

Disability Rights UK details in Factsheet F31 Employment and support allowance overview
-1- Income-related ESA can include amounts to help towards mortgage interest payments and some other housing costs.
-2- It can be paid on its own (if you are not entitled to contributory ESA) or as a top-up to contributory ESA (if you are).

Please can you send me all relevant Knowledge Pack, Guidance, Decision Makers information detailing how it is handled that a client receives Income-related ESA as a top up to contribution-based ESA.

Internal documents covering for example the rules on how correctly

-a- How a client would apply, with what forms, for the enhanced disability premium and severe disability premium from Income-related ESA for Income-related ESA to be a top up to
Contribution based ESA?

-b- Is Income-related ESA a seperate top up? Will the Contribution ESA be continued to be paid seperate, with a seperate IR ESA payment run? If not how is it paid and how is the continuation of the Contribution ESA recorded?

-c- How a client would apply, with what forms, to step back solely to Contribution ESA if the Income-related ESA was topping up and the client remained in the support group the entire
time. In particular with reference to forgoing PIP (care component) and enhanced disability premium and severe disability premium Income-related ESA with regard to Exportability Co-
ordinator for moving abroad or enhanced disability premium and severe disability premium with regard to reaching capital limits.

Yours faithfully,

Anthony Collins

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AW left an annotation ()

I'm so glad you've asked this question - having had a recent conversation with a JCP advisor who explained to me that 'top-ups' by the way of premiums could not be added to contribution based ESA!!! I eagerly await the response!
Thank you!

Operations FOI Requests, Department for Work and Pensions

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Please find attached our response to your recent Freedom of Information
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AW left an annotation ()

Anthony, I had a discussion with a member of my local DWP National Partnership Group and asked the similar question, as I've found some of my clients are being told that if they're on Contribution Based ESA they cannot have the premiums such as SDP added. After a very long debate with her on the phone it was established, and this is how the JCP employee explained it to me, that from the offset the claimant needs to apply for both CB and IR ESA, (we're presuming the claimant lives alone with no other means of income) if they have paid enough Conts. they will automatically be paid CB and then when any disability benefits are paid out, they will then include the premiums which make the claim IR with an underlying entitlement to CB. If a claimant does NOT apply for both and just applies for CB and they're then awarded disability benefits at a later date and thus entitling them to premiums, they then have to contact JCP to request that their CB claim be changed to IR claim so the premiums can be calculated and then added - the claimant will be sent the relevant form for this, which is, I think the ESA3 which is almost the same as the ESA1!
I'm yet to meet a client who knows the difference between CB and IR ESA -it's only when it's explained to them in intricate details that they may start to understand it.
Having said all this, I'm not entirely confident in the advice I was given.
I hope this helps as you may be a while reading through the attachment they've kindly sent you.
Regards,

Dear Department for Work and Pensions,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Department for Work and Pensions's handling of my FOI request 'Income-related ESA on top of contribution-based ESA'.

a- I had asked for the asked documents you hold relating to IR ESA but was not supplied any, for example the
Response to Caffas Noticeboard 05.06.13 Gabby "IB Reassessment, TA and ESA time limiting" in response to Mark Thomas Hanley BC "conversion decision revised for Official error"

thread is missing and the consequent responses and other relevant threads

No other internal documents were supplied such as the above, detailing IB to ESA CB with top up ESA IR conversion have been supplied.

Please supply any appropriate such as the above discussion and any memos

b- There were no documents on the calculation of IR ESA as a top up, for example

while there is parity with ESA Basic allowance and the support component between IR ESA and CB ESA

and while there are set rates for Severe disability and for Enhanced disability (which you list as disability income guarantee on awards letters) in IR ESA

You supplied no official documentation on the calculation of the IRESA topup amount if the ESA CB has a transition protection amount on conversion from IB, is this amount excluded from calculation as a disability payment or deducted, where is the relevant guidance published for calculation of this? Are the payments lumped in one sum credited as EESA?

Please supply an example of the award letter for CB ESA with a transition protection amount, where IR ESA is a top up to clarify the matter, or any sample template where IR ESA is a topup to CBESA

c- You mention ESA3 is for IRESA and ESA1 is for CBESA, but did not supply the relevant guidance to go from IRESA to CBESA if remained in support group and IRESA is a topup. Is a specific form needing completing to remove the topup, which is the change circumstance form to step down from IR ESA as a top up once ESA3 completed, where is the guidance/memo on this?

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/i...

Yours faithfully,

Anthony Collins

DWP freedom-of-information-requests, Department for Work and Pensions

This is an automated confirmation that your request for information has
been accepted by the DWP FoI mailbox.
 
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expect a response within 20 working days.
 
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please contact us.
 
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Operations FOI Requests, Department for Work and Pensions

4 Attachments

 
 
 
Please find attached our response to your recent Freedom of Information
request.
 
Yours sincerely
 
DWP Central Freedom of Information Team