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Underlying Entitlement to IR ESA
- Sasha
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9 months 3 weeks ago #285895 by Sasha
Underlying Entitlement to IR ESA was created by Sasha
Is there any significance to having an underlying entitlement to IR ESA? I see Gordon has posted saying no such entitlement exists but that does not seem to be the case.
I’ve just discovered my DWP records have shown this “underlying entitlement” for years without me realising and without me actually having an entitlement which is extremely concerning.
My ESA award is entirely CB ESA but because when I was transferred from SDA, my savings were just below £16000, they opened an IR claim too. I would not have done this, myself. I did query the situation with the DWP when my savings went over 16000 shortly afterwards but I wrote a letter. I assumed the IR claim was closed as I wasn’t actually getting any and they stopped asking for bank statements. If I’d understood my award letter and the rules generally, I’d have realised it wasn’t.
The underlying entitlement came to light when I was querying something else and it was rather alarming as my savings are over the limit and have been for years. I obviously have not received any means tested benefit, nor any cost of living payments or cold weather payments. I have not claimed anything associated with means tested benefits but I’ve been given a mysterious warm home discount and this may well be the reason. (I’ve already asked for this to be investigated).
I’ve asked for the underlying IR claim to be closed but they’ve said they need to see my current bank balance first. I’m not sure why. I’m just wondering if there could be any other consequences of this error as I feel incredibly anxious about it? I’m just surprised they don’t check up on claimants’ financial situations if it’s an issue.
.
I’ve just discovered my DWP records have shown this “underlying entitlement” for years without me realising and without me actually having an entitlement which is extremely concerning.
My ESA award is entirely CB ESA but because when I was transferred from SDA, my savings were just below £16000, they opened an IR claim too. I would not have done this, myself. I did query the situation with the DWP when my savings went over 16000 shortly afterwards but I wrote a letter. I assumed the IR claim was closed as I wasn’t actually getting any and they stopped asking for bank statements. If I’d understood my award letter and the rules generally, I’d have realised it wasn’t.
The underlying entitlement came to light when I was querying something else and it was rather alarming as my savings are over the limit and have been for years. I obviously have not received any means tested benefit, nor any cost of living payments or cold weather payments. I have not claimed anything associated with means tested benefits but I’ve been given a mysterious warm home discount and this may well be the reason. (I’ve already asked for this to be investigated).
I’ve asked for the underlying IR claim to be closed but they’ve said they need to see my current bank balance first. I’m not sure why. I’m just wondering if there could be any other consequences of this error as I feel incredibly anxious about it? I’m just surprised they don’t check up on claimants’ financial situations if it’s an issue.
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- Gordon
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9 months 3 weeks ago #285900 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Underlying Entitlement to IR ESA
S
The issue exists for legacy ESA claimants receiving the IR component only. If they exceed the earnings or savings limits then they lose entitlement to their legacy ESA and their only option when the issue is resolved is for them to claim UC.
If a claimant is receiving legacy ESA through their NI Contributions as you are then losing entitlement to the IR component still leaves the ESA claim open and if at some time, they regain entitlement to IR then this can be done by an update to their legacy ESA claim with no need to claim UC
That said, they should check their circumstances as they may be better off claiming UC, which can be done whilst retaining the ESA CB. But this is not simple and there could be other reasons to stay on the legacy ESA such as pension income being disregarded.
Gordon
The issue exists for legacy ESA claimants receiving the IR component only. If they exceed the earnings or savings limits then they lose entitlement to their legacy ESA and their only option when the issue is resolved is for them to claim UC.
If a claimant is receiving legacy ESA through their NI Contributions as you are then losing entitlement to the IR component still leaves the ESA claim open and if at some time, they regain entitlement to IR then this can be done by an update to their legacy ESA claim with no need to claim UC
That said, they should check their circumstances as they may be better off claiming UC, which can be done whilst retaining the ESA CB. But this is not simple and there could be other reasons to stay on the legacy ESA such as pension income being disregarded.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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