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    • Farooq v evri is the judgement you want in.   Do you have a copy of do you want me to upload it again here?
    • I have added the correct format for the court. Country Court ..... as it was on the letter today, other letter had the justice.... . That is on the unredacted copy sent to admins email.   Which Evri judgement, could you give me a steer? Wadhwa one?   It's not in dispute, bar that paragraph you picked up. I was looking at that one, and I do agree it's pointless. Thank you for your help.
    • Firstly, and sorry for not asking earlier but have you submitted your DQ yet?
    • As suggested by JK2054 I'll email Evri to their small claims email address, attaching the label and collection receipt and quoting the Money Claims ref number. Is there anything else in addition to sending the email I should do at this stage? Rgds, J
    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
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ESA and tax credits advice needed


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Up until last July I was self-employed but not earning much so I received working tax credit. In July I stopped work and registered for ESA. I've since had various assessments and have been placed in the work-related category.

 

My tax credits included a disability element and I was (initially) pleased to discover the payments would continue for the first 28 weeks of sickness. It's currently worth £100.97/week.

 

My new income-based ESA entitlement is £89.80/week but because of the WTC I receive nothing. However I do receive £89.90/week as contribution-based ESA.

 

I have put in a claim for mortgage interest - worth £560/month. I just rang up about that and was told I wouldn't be eligible as I received contribution-based rather than income-based ESA (not confirmed - someone is supposed to ring back about that).

 

Also, because of the WTCs I don't qualify for Council Tax Benefit (which would be worth about £20/week).

 

On this basis it looks like my Working Tax Credits are costing me far more than they're worth. Can this be right? If so, can I unilaterally cancel my tax credit claim and so restore my eligibility for the mortgage and council tax relief?

 

(And without WTC would I receive both income-based and contribution-based ESA or would the former simply replace the latter?)

 

I find the whole thing really confusing (including their explanatory letters) so would be very grateful for any advice.

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I have put in a claim for mortgage interest - worth £560/month. I just rang up about that and was told I wouldn't be eligible as I received contribution-based rather than income-based ESA (not confirmed - someone is supposed to ring back about that).

 

This isn't true as you can get both income and contribution based.

 

When your mortgage costs are added after 13 weeks, this will bring you into entitlement to the income based top-up.

 

And your tax credits should end 4 weeks after stopping work, not 28.

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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This isn't true as you can get both income and contribution based.
So what would I be receiving if I didn't get WTCs? Not both at the same time, surely - i.e. 2 x £89.90?

 

When your mortgage costs are added after 13 weeks, this will bring you into entitlement to the income based top-up.
That seems logical. Even so I still seem to be worse off from receiving WTC with Council Tax.

 

And your tax credits should end 4 weeks after stopping work, not 28.
It's 28 weeks if you stop work because of sickness. (See HM Revenue & Customs: Tax credits when you can't work due to illness )

 

Thanks.

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Contribution based ESA payment rates

During the initial 13 week assessment phase people over the age of 25 will be paid £64.30 per week, people under the age of 25 will receive £50.95 per week.

 

 

Once the assessment phase has been completed you will receive a basic allowance of £64.30 per week plus either a support component of £30.85 per week for those who are placed in the support group or a work related activity component of £25.50 per week for those placed in the work related activity group.

If you are on a low income, you may be able claim income-related ESA as well to increase your allowances. If you meet both the criteria for contribution based and income related Employment and Support Allowance then you will receive whichever is the greater between the ESA (Cont) personal rate and your ESA IR applicable amount

 

Basically this states that you are receiving the correct money at present

£64.30 and the Disabilty Premium of £25.50

You are getting it as contribution based ESA as you have paid enough stamps, but if you hadnt paid enough it could be topped up to this amount by Income Based ESA

But it would never go over your applicable amount, the amount the law says you to live on of £89.90.

You could in theory get both but never more then the above amount

 

If your contributions run out then you would go over to IB ESA and still get £89.90

 

With regards to your tax credits if you are self employed and go on the sick eg ESA then you can claim them for 28 weeks, At the moment they are doing you no harm you are ok becauce you are claiming CB ESA but if you were to go on IB ESA eg your stamp ran out, then they would be classed as an Income and would close your claim so it would be best to cancel them then. But check to see if this is ok because as WTC would be classed as a possible income and you would be claiming a

an Income Based benefit.

 

WTC is stopping you getting CTB but thats no problem as its a lesser amount, Only time to cancel them maybe is when your ESA changes over but they may have run out by then.

 

You will be entitled to help with your mortgage after thirteen weeks

Edited by MIKEY DABODEE
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Thanks, that all makes sense. I've just passed the 13-weeks so should now be eligible for the mortgage relief (and my lender has completed and returned the form to the DSS). I believe they can be a bit slow to process claims, though.

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So what would I be receiving if I didn't get WTCs? Not both at the same time, surely - i.e. 2 x £89.90?

 

No because the cb-ESA counts as income, so the ib-ESA just tops up the difference.

 

If your housing costs are £560 a month then you will still get a small ib-ESA top up, from £190 income to £219 a week (£89.8 + £129 housing costs). Once you get any ib-ESA you are guaranteed full council tax benefit.

 

(And thanks for the tax credits info, I'll store that in the knowledge bank.)

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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If your contributions run out then you would go over to IB ESA and still get £89.90

 

 

Just one comment about your advice, which is good (as always). Unlike JSA, with ESA your contributions don't "run out" after 6 months. If you qualify for cont-based ESA, you will continue to be paid that until you are no longer entitled to the benefit.

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thanks Antone, must be like IB

ESA sure is one complicted benefit

 

Yeah, ESA is a sort of hybrid of JSA and IB. We get some of the rules from both, plus some new ones unique to ESA. It can be confusing.

 

Edit to add: The general idea is that if one qualifies for ESA© that will last until the end of the claim. I think that's fair enough: if someone is accepted as being unfit to work, it's not reasonable to expect them to pay NI conts, and credits can't be used to satisfy the FCC.

Edited by antone

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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  • 2 weeks later...

Well I've just rung up again about my benefit, not having received the promised call-back about my mortgage interest payment. The person I spoke to read out from my records something like "not eligible as excess income due to tax credits". She said she'd again request a call-back so someone can discuss it with me but it leaves me wondering about my tax credits.

 

My initial 13 weeks was up on 18 October since when I expected to be receiving £130/week for mortgage interest. Instead I've been getting £101/week tax credits (which also costs me £18/week in council tax benefit). So it seems that my WTC is losing me £48/week, which surely can't be right, can it?

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Had an exciting update on my benefit. The DSS (or whatever they're now called) are paying my mortgage interest from 21 October. I'll receive £163.28/week (based on their flat rate interest allowance of, I believe, 6.1%) plus my £89.80/week ESA. However from that they'll deduct my WTC income of £95.06/week - leaving a net £158.02/week - give me 10p and send the rest direct to the mortgage company. And I'll now qualify for Council Tax benefit.

 

(I'm not really complaining as I'm a beneficiary of the policy but it does seem a bit odd for the government to pay mortgage interest at a flat rate rather than at the rate an individual is actually paying. My own rate is currently 4.84% and there must be others with much lower rates while a few may be out of pocket and so falling into arrears.)

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