Advice needed: New ESA claim, husband has pensions

Hi, really hope someone can help!!!

My mom, age 59, had a heart attack last Monday. She's obviously unable to work for a good while. When in hospital, the Dr told her to give up work, as she's self employed, and makes curtains etc...and the fibres from the fabric are making her severe asthma worse. She also has hypertension, arthritis, now has coronary heart disease, terrible sciatica, and depression.

My dad is 65, and has a private pension of £100 per week, and state pension, which is approx £135 a week.

They're applying for housing/council tax benefit, which I'm hoping they'll get. My question is, which ESA would she be better claiming for, and how much would she get? They did a phone application yesterday for the income-based, and now I'm really worried that she'll get nothing because of my dads 2 pensions. Would she be better claiming contributions based?

Really hope anyone can help! This is really stressing me out, as I can't find any clear answers on the internet!

Emma1980 wrote: Hi, really hope someone can help!!!

My mom, age 59, had a heart attack last Monday. She's obviously unable to work for a good while. When in hospital, the Dr told her to give up work, as she's self employed, and makes curtains etc...and the fibres from the fabric are making her severe asthma worse. She also has hypertension, arthritis, now has coronary heart disease, terrible sciatica, and depression.

My dad is 65, and has a private pension of £100 per week, and state pension, which is approx £135 a week.

They're applying for housing/council tax benefit, which I'm hoping they'll get. My question is, which ESA would she be better claiming for, and how much would she get? They did a phone application yesterday for the income-based, and now I'm really worried that she'll get nothing because of my dads 2 pensions. Would she be better claiming contributions based?

Really hope anyone can help! This is really stressing me out, as I can't find any clear answers on the internet!

Hi E1980,

Welcome to Benefits and Work

I am afraid along with a lot of other people (so you are not alone) you cannot choose what particular type of ESA that you can claim, Income Related (IR) or Contribution Based (CB).

When you claim ESA, as default, DWP will first investigate to see whether you have the requisite number of NI Contributions from employment for the relevant two Tax Years (currently 2012/13 and 2013/14) for payment of CB ESA.

CB ESA is non-means tested !!

If you have, you will be paid CB ESA, they should then look at whether you pass the IR ESA means test for entitlement to payment of any IR ESA top-ups to your CB ESA.

If after investigation you do not have enough NI Contributions for payment of CB ESA as above, you will be means tested for entitlement to payment of IR ESA.

This will take into account your capital, savings, assets, other household income and any hours worked by a partner if you have one :

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

If you don't have entitlement to CB ESA or any amount of IR ESA as above, I am afraid that you will not receive any ESA payments.

You will however receive NI Credits (Stamps) towards your State Pension entitlement.

You need to wait and see what The DWP come back with now, but at least you will have some understanding of how it works.

Have a read through our : ESA Claims Guides and our : ESA FAQ’s

Please keep us updated on this topic.

bro58

Thanks very much for this info, much appreciated!

On the ESA1 form, one of the first questions is asking if you want to claim income-related ESA. During the phone call, they asked my dad which one he wants to claim, and he told the income-related. Can he phone and request that it's changed to contribution-based?

Emma1980 wrote: Thanks very much for this info, much appreciated!

On the ESA1 form, one of the first questions is asking if you want to claim income-related ESA. During the phone call, they asked my dad which one he wants to claim, and he told the income-related. Can he phone and request that it's changed to contribution-based?

Hi E1980,

Yes, you are correct !

However, as default, your entitlement to payment of CB ESA will be looked at first, then, if you don't, you should be financial assessed for payment of IR ESA.

There has been Caselaw regarding CB ESA and IR ESA, they are not separate benefits, ESA is the one benefit with two different elements to it (CB and IR)

So you should be assessed for both on initial application.

You have done no wrong by ticking IR ESA, as they will only look at entitlement to that after they have first looked at CB ESA entitlement.

Please keep us updated and we will try to help as and when things progress.

bro58

Ahhhhhh, bro58, you're a diamond!!! Thanks soooooo much for clarifying this!!!! It's been really stressing me like you wouldn't believe! I've got MS, and was dx with skin cancer yesterday, so my stress levels have been through the roof this past week, and I'm trying to keep my MS from relapsing! Nightmare!

Thanks soooo much, and I'll defo update this post when I know what she's been awarded

I had written a reply to this, but it's gone! Lol!

Basically, thank you soooo much for your help! Lol! And yes, I'll keep you posted.....