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ESA Contribution based
- philologus
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9 years 5 months ago #125989 by philologus
ESA Contribution based was created by philologus
My daughter gets ESA (contribution based) and DLA( higher care lower mobility).
She is 26 now and has decided that she wants to move in with her long-term boyfriend. He works full time. Will this affect her ESA?
The info I can find says that it would stop if her ESA was income based, but she would continue to get it if her ESA is contribution based.
Am I right?
Her boyfriend's Dad works for the DWP and says that she will lose her ESA if they get a place together What does HE know that I don't know?
She is 26 now and has decided that she wants to move in with her long-term boyfriend. He works full time. Will this affect her ESA?
The info I can find says that it would stop if her ESA was income based, but she would continue to get it if her ESA is contribution based.
Am I right?
Her boyfriend's Dad works for the DWP and says that she will lose her ESA if they get a place together What does HE know that I don't know?
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9 years 5 months ago #125990 by philologus
Replied by philologus on topic ESA Contribution based
I don't know whether it is relevant or not, but she migrated from IB to ESA.
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9 years 5 months ago #125992 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Contribution based
A's Dad
ESA(CB) is solely in the name of the claimant as opposed to ESA(IR) which is paid to the claimant and their partner if they have one, so your daughter's ESA(CB) will not be affected by her moving in with her boyfriend.
However, she needs to check whether she is also receiving an ESA(IR) top-up with he ESA(CB) as a result of her DLA Higher Rate Care as this enables the Enhanced Disability Premium, also, if she lives alone and no one claims Carers Allowance for her then she may also be receiving the Severe Disability Premium, which would also potentially be affected.
In addition to the potential loss of any ESA(IR) payments, she would lose her automatic right to free prescriptions and dental care and it would potentially affect any Housing Benefit and Council Tax discount she receives.
Gordon
ESA(CB) is solely in the name of the claimant as opposed to ESA(IR) which is paid to the claimant and their partner if they have one, so your daughter's ESA(CB) will not be affected by her moving in with her boyfriend.
However, she needs to check whether she is also receiving an ESA(IR) top-up with he ESA(CB) as a result of her DLA Higher Rate Care as this enables the Enhanced Disability Premium, also, if she lives alone and no one claims Carers Allowance for her then she may also be receiving the Severe Disability Premium, which would also potentially be affected.
In addition to the potential loss of any ESA(IR) payments, she would lose her automatic right to free prescriptions and dental care and it would potentially affect any Housing Benefit and Council Tax discount she receives.
Gordon
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9 years 5 months ago - 9 years 5 months ago #125993 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Contribution based
A's Dad
To add to my previous comments.
If she is in the WRAG then payments of her ESA(CB) will be limited to 365 days, this is not the case for the Support Group, after which she will need to see whether she is eligible for ESA(IR), this is dependant on her household income (including her boyfriends), her savings and assets (including her boyfriends), and any hours that her boyfriend works. See
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
Gordon
To add to my previous comments.
If she is in the WRAG then payments of her ESA(CB) will be limited to 365 days, this is not the case for the Support Group, after which she will need to see whether she is eligible for ESA(IR), this is dependant on her household income (including her boyfriends), her savings and assets (including her boyfriends), and any hours that her boyfriend works. See
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
Gordon
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Last edit: 9 years 5 months ago by Gordon.
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- philologus
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9 years 5 months ago #126012 by philologus
Replied by philologus on topic ESA Contribution based
Thank you for the quick and comprehensive reply Gordon.
Because my daughter's disability is mental as well as physical, I have always looked after her dealings with the various agencies including the DWP.
Up until April she got a top-up of £1.51 a week but this has now been eaten away and she gets £108.15 a week ESA (it appears as EESA in her bank statements- does this mean Enhanced ESA?)
Her DWP correspondence says that her ESA is Contribution based and I'm struggling to see how this is so because she has never worked and has never paid any NI. Do the DWP count their own credits of NI as contributions? It's a bit confusing!
She had some dental treatment in August and has had a demand from them for over £300 as they say she is not entitled to free NHS care or free prescriptions either.
I may need to 'phone the DWP so I 'd like as much information behind me as possible before I call.
Thank you again,
A's Dad
Because my daughter's disability is mental as well as physical, I have always looked after her dealings with the various agencies including the DWP.
Up until April she got a top-up of £1.51 a week but this has now been eaten away and she gets £108.15 a week ESA (it appears as EESA in her bank statements- does this mean Enhanced ESA?)
Her DWP correspondence says that her ESA is Contribution based and I'm struggling to see how this is so because she has never worked and has never paid any NI. Do the DWP count their own credits of NI as contributions? It's a bit confusing!
She had some dental treatment in August and has had a demand from them for over £300 as they say she is not entitled to free NHS care or free prescriptions either.
I may need to 'phone the DWP so I 'd like as much information behind me as possible before I call.
Thank you again,
A's Dad
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9 years 5 months ago #126013 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Contribution based
A's Dad
Was she transferred from IB to ESA as it sounds like she had a Transitional Payment (£1.51/week?)?
We have seen a lot of claimants transferred from IB to ESA who have not had their entitlement to ESA(IR) checked at the time of the transfer.
If she is receiving DLA Higher Rate Care then she is entitled to the Enhanced Disability Premium, currently £15.55/week, as this exceeds what appears to be a Transitional Payment she should have been entitled to an ESA(IR) top-up to her ESA(CB) from the date she started receiving DLA HRC or ESA, whichever is later.
Her receiving an ESA(IR) top-up would have entitled her to free dental care so at least part, if not all of the £300 should have been covered.
It is worth you chasing this with the DWP as there is no restriction on the Premium being back dated and if you can show entitlement to ESA(IR) then the dental costs should also be refundable.
Obviously her moving in with her boyfriend will potentially affect this ESA(IR) top-up.
Her current payments should be;
£72.40 - Personal Allowance
£35.75 - Support Group Component
=====
£108.15
£15.55+ - Enhanced Disability Premium
=====
£123.70
Gordon
Was she transferred from IB to ESA as it sounds like she had a Transitional Payment (£1.51/week?)?
We have seen a lot of claimants transferred from IB to ESA who have not had their entitlement to ESA(IR) checked at the time of the transfer.
If she is receiving DLA Higher Rate Care then she is entitled to the Enhanced Disability Premium, currently £15.55/week, as this exceeds what appears to be a Transitional Payment she should have been entitled to an ESA(IR) top-up to her ESA(CB) from the date she started receiving DLA HRC or ESA, whichever is later.
Her receiving an ESA(IR) top-up would have entitled her to free dental care so at least part, if not all of the £300 should have been covered.
It is worth you chasing this with the DWP as there is no restriction on the Premium being back dated and if you can show entitlement to ESA(IR) then the dental costs should also be refundable.
Obviously her moving in with her boyfriend will potentially affect this ESA(IR) top-up.
Her current payments should be;
£72.40 - Personal Allowance
£35.75 - Support Group Component
=====
£108.15
£15.55+ - Enhanced Disability Premium
=====
£123.70
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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