Income & Contributiry ESA

Can anyone help me I've been on ESA contribution related for 8 months and awaiting tribunal. In May I ceased receiving any other income and claimed income related ESA and told it worked out at £63 which was less than the contribution element and as such not entitled to any extra money. Is this right? i am now getting council tax benefit but how can anyone live on £65 per week? I thought you received the income related ESA on top of the contribution based but been told by job centre plus this is not the case.
Help!

busylizzie23 wrote:

Can anyone help me I've been on ESA contribution related for 8 months and awaiting tribunal. In May I ceased receiving any other income and claimed income related ESA and told it worked out at £63 which was less than the contribution element and as such not entitled to any extra money. Is this right? i am now getting council tax benefit but how can anyone live on £65 per week? I thought you received the income related ESA on top of the contribution based but been told by job centre plus this is not the case.
Help!

Assuming you are still in the ESA assessment phase, the minimum ESA payment for a person aged over 25 whether it be contributory or income based ESA, is £65.45.

The Jobcentreplus/benefit delivery office are obliged to send you a letter each and every time your payment of ESA is (re)calculated. This will inform you of any deduction from the full rate of ESA, and the reason for the reduction. It is not acceptable to be told verbally by the DWP of your ESA entitlement. It must be conveyed to the claimant in writing, with the right of appeal against the decision.

If you have not received any written notification, you should contact your JCP/benefit delivery office immediately, preferably in writing with the letter sent by recorded delivery, requesting a letter showing the calculation of your ESA entitlement. You have a legal right to be provided with this information

I have just spoken to jobcentre plus again and they tell me that I claim either contribtion or income related ESA and not both so the maximum benefit is £65.45 (not minimum benefit suggested in the response). I am getting so upset with all this it is putting me back to square one and don't know where to turn. Can someone point me to chapter and verse because I can't find a definitive answer to this on any websites. I quoted this site to jobcentre plus and they tell me it is either/or whilst guidance tells me and/or. If it is either or and I'm already on the maximum contribution ESA why did they process an application for income related ESA? Is anyone out there getting both?

Some people do get their contribution-based ESA topped up with income-related ESA, but only if 'the amount the government thinks they need to live on' is higher than the amount they're already getting on contribution-based ESA. (But they wouldn't simply get £64.45 contribution-based ESA plus £64.45 income-related ESA, it doesn't work like that.)

If the amount the government thinks you need to live on is £65.45, because you're single and over 25, and that's what you're getting from contribution-based ESA, then as I understand it you can't get income-related ESA. I guess that's not the answer you wanted, I'm sorry.

If the tribunal finds in your favour, you'll then get the main phase contribution-based ESA rate, which is higher; and you will get some arrears.

If you have access to CAB they could do a benefits/income maximisation check to find out if there's anything else you could claim; and maybe help you prepare for the tribunal.

All the best

Elaine