ESA Top Up Payment removed after becoming income based?

[Between]

I wonder if anyone can help me. I don't know if what's happened is right.

 

I used to be on Incapacity Benefit and when I moved to ESA Contributory Benefit I got a top up payment (£11.70 a week). Now I've moved from Contributory ESA to Income Related ESA and the top up has been removed.

 

All the information I got about the top up payment (also called a Transitionary Allowance) was that you got it until the ESA was slowly increased over time, but your money stayed the same until the two met in the middle. But now it's gone.

 

The letter I got said I'm getting £100.15 a week on ESA but the page for how they calculate this says I'm getting a top up payment and I'm getting £110.85.

 

I phoned the number on the letter twice. The first time noone in the office knew if the top up payment going was correct or not but told me to assume it was. They said I should appeal but the letter says I have to have Mandatory Reconsideration first and they didn't know anything about that.

 

I phoned a local advice shop but they didn't know about the Top Up payment and I phoned the benefit people again. This time I was told going from Contributions to Income Related meant I'd had a reconsideration and it was removed because of that.

 

Is this right?

 

Nothing I can find online says going from Contributory to Income Related ESA makes you lose your Top Up payment.

 

Thanks.

[honeybee13]

Hello there.

 

The forum guys are very good at unravelling this sort of question. I expect they'll be along later with advice for you.

 

My best, HB

[45002]

I think OP and alot of other people are in the same boat and Do loose the Transition Allowance...

 

http://www.disabilityrightsuk.org/how-we-can-help/benefits-information/incapacity-benefits-migration

 

is the way I read it in the above link.

[estellyn]

Sorry, from what I understand, transitional allowance is only paid as part of a contributions based claim.

[Between]

Thanks for your replies,

 

I still don't understand where it says that a person will lose their Top Up payment after moving to income related ESA. I can see it says:

 

"where people who are eligible for ESA receive more on existing incapacity benefits than the appropriate ESA rate, their existing rate of benefit will be frozen at the point of conversion"

 

from the link you gave: http://www.disabilityrightsuk.org/how-we-can-help/benefits-information/incapacity-benefits-migration

 

but can't see about losing the Top Up payment. Is there a bit I'm missing?

 

Thanks.

[45002]

Sorry, from what I understand, transitional allowance is only paid as part of a contributions based claim.

 

I got this from a neighbour who is in the same boat as OP .

 

The £11.70 you are talking about was part of Invalidity Allowance age related ,paid to people on IB depending on how long they had been receiving that benefit for !

 

The Transitional payment was only paid for 365 days while on ESA CB

 

Invalidity Allowance "Transitional"

HR 13.80 to 11.70

MR 7.10 to 5.90

LR 5.60 to 5.90

 

As your on ESA IR It is not paid any more.

 

I think CAG user "Starryeyes52" may be able to throw some more light on this.....

Edited November 14, 2013 by 45002

[**Margaret**]

: Transitional Additions Or Lack Of :

 

Appear to be another grey area that the ComDems have kept quiet about in the rush for welfare reform that time limited, to three hundred and sixty five days, contributions flavoured employment n support allowance with the work related activity component.

 

So far as I can find, there's nothing in the Decision Makers Guide or the adviser guidance, but there's several threads on Rightsnet. Consensus of opinion seems to be that Work n Pensions procedure is;

 

There's some exceptions, but the end of contributions flavour employment n support payments often terminates a transitional addition,

 

Or, transitional protection ends anyway cos the change of income constitutes a change of circumstances,

 

Despite a pre 2012 statement that, 'The transitional addition will terminate when ESA entitlement itself terminates.'

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/245376/ib-reassessment-transitional.pdf

(Page 3)

 

 

Some claimants (who've conversion awards from incapacity benefit and income support) get two separate transitional additions. One for each flavour of employment n support allowance.

 

And yes, the £11.70 (at 2012 rates) is the highest rate age addition added to incapacity benefit (and before that it was the invalidity allowance part of invalidity benefit). Age additions and allowances from legacy benefits are the commonest reason for transitional additions to conversion awards of employment n support allowance from incapacity benefit.

 

Margaret.

Edited November 15, 2013 by **Margaret**

[**Margaret**]

:Between:

 

Work n Pensions procedure seems to be that someone who claims income flavoured payments of employment n support, following three hundred and sixty five days of contribution flavoured payments, loses the transitional addition that was attached to the contributory award.

 

There's no definitive Government guidance on the internet that I know of. If anyone's found some, please share. You can read the Rightsnet discussions (click discussion then go down the ESA threads) about the issue at;

 

http://www.rightsnet.org.uk/

 

Doubt there's been a reconsideration on this. It isn't part of the transfer process. And decisions aren't reconsidered before they're notified to the claimant either!

 

Mandatory reconsideration is the first part of the new process to dispute a Work n Pensions decision made on or after 28 October 13;

 

https://www.gov.uk/appeal-benefit/decisions-made-on-after-28-october-13

 

A nonsense letter and poorly trained contact centre staff? Par for the course!

 

Best wishes, Margaret.

Edited November 15, 2013 by **Margaret**

[Between]

Thanks everyone,

 

I really appreciate you taking the time to find out the information for me. Even though I'm losing it at least I can now know for sure that's what should be happening and it's not a mistake I have to get them to sort out.

 

I keep getting less money from things the government never publicise.

 

I had to move flat because I rent and the old one was being sold. So my housing benefit got recalculated and I got a lower amount even though my new rent was higher, because there were new rules and me moving meant a change in circumstances (even though I had no choice but move).

 

Then my housing benefit went down again earlier this year because my Top Up payment was seen as having extra money. At least I will get that amount back on my housing benefit now. At least I hope I will, I was told once that they only recalculate it once a year now.

 

I hate all the underhand ways they take money away from everyone.

 

I'm just going to concentrate on keeping getting better. I hope to be well enough to look for work in 6 months.

 

Thanks again for all your help, it's much appreciated.

[45002]

Thanks everyone,

 

I really appreciate you taking the time to find out the information for me. Even though I'm losing it at least I can now know for sure that's what should be happening and it's not a mistake I have to get them to sort out.

 

I keep getting less money from things the government never publicise.

 

I had to move flat because I rent and the old one was being sold. So my housing benefit got recalculated and I got a lower amount even though my new rent was higher, because there were new rules and me moving meant a change in circumstances (even though I had no choice but move).

 

Then my housing benefit went down again earlier this year because my Top Up payment was seen as having extra money. At least I will get that amount back on my housing benefit now. At least I hope I will, I was told once that they only recalculate it once a year now.

 

I hate all the underhand ways they take money away from everyone.

 

I'm just going to concentrate on keeping getting better. I hope to be well enough to look for work in 6 months.

 

Thanks again for all your help, it's much appreciated.

 

You could ask the council to check your HB claim again,to make sure your getting the correct amount or ask CAB/Welfare rights to check.

 

It's not the 1st time councils have been known to drop a clanger when it comes to HB claims !

 

Good luck...