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New medical evidence for new ESA50?

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8 years 7 months ago #140618 by LilacGem
New medical evidence for new ESA50? was created by LilacGem
Hi

. I am currently on Contribution Based ESA in the support group & I get DLA too but it doesn't cover the costs of everything & I'm struggling. I'm very lucky to have a relative who has said she would like to start supporting me by giving me £250month to help. I'm not sure how long it would last as she is elderly & her circumstances could change, but it's hoped it could last a couple of years at least.

I'm assuming that since I am in the SG CB it will not be a problem, but if they change that & put me onto Income Based, will a regular gift like that be classed as income?

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8 years 7 months ago - 8 years 1 month ago #140634 by Gordon
Replied by Gordon on topic New medical evidence for new ESA50?

Camly91 wrote: Hi

. I am currently on Contribution Based ESA in the support group & I get DLA too but it doesn't cover the costs of everything & I'm struggling. I'm very lucky to have a relative who has said she would like to start supporting me by giving me £250month to help. I'm not sure how long it would last as she is elderly & her circumstances could change, but it's hoped it could last a couple of years at least.

I'm assuming that since I am in the SG CB it will not be a problem, but if they change that & put me onto Income Based, will a regular gift like that be classed as income?


If you are receiving only Contribution Based ESA then then money should not be considered as income as ESA(CB) is only effected by pensions (and similar) income.

If you are receiving any Income Related ESA, either as a top-up to your ESA(CB) or because you are moved to the WRAG and your ESA(CB) payments are exhausted then it is possible that the payments will be treated as income in which case your ESA will be reduced £ for £.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 1 month ago by .

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8 years 7 months ago #140658 by LilacGem
Replied by LilacGem on topic New medical evidence for new ESA50?
Thanks Gordon, I am definitely only receiving CB.

Is there any way to find out for sure if they would consider it income?

And I don't understand what the rules are around CB & IB, I mean I know that CB is awarded based on your NI contributions before the benefit started, but at what point do they decide to change it to IB & on what criteria? Is there a way for me to know/find out/work out when i'm likely to be put onto IB instead?

What concerns me is that if she gives me the money, & then when I have my reassessment in Feb, if they change me to IB they will presumably look back on my bank statements & decide that it's income?

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8 years 7 months ago #140659 by LilacGem
Replied by LilacGem on topic New medical evidence for new ESA50?
I cant remember if I wrote 'thanks for your input Gordon' on my last post.
Am very grateful for the advice.

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8 years 7 months ago - 8 years 1 month ago #140668 by Gordon
Replied by Gordon on topic New medical evidence for new ESA50?

Camly91 wrote: Thanks Gordon, I am definitely only receiving CB.

Is there any way to find out for sure if they would consider it income?

And I don't understand what the rules are around CB & IB, I mean I know that CB is awarded based on your NI contributions before the benefit started, but at what point do they decide to change it to IB & on what criteria? Is there a way for me to know/find out/work out when i'm likely to be put onto IB instead?

What concerns me is that if she gives me the money, & then when I have my reassessment in Feb, if they change me to IB they will presumably look back on my bank statements & decide that it's income?


The payment of ESA(IR) is dependant on your household income, your savings and assets and any hours that a partner works,

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

A re-assessment will not itself result in your having to claim ESA(IR), however, if an assessment removes your from the SG and you have spent or spend a total of 365 days outside of the SG then your ESA(CB) payments will be stopped, See

12 Month Limit for ESA(CB)

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 1 month ago by .

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8 years 7 months ago - 8 years 7 months ago #140673 by LilacGem
Replied by LilacGem on topic New medical evidence for new ESA50?

Thanks Gordon, I am definitely only receiving CB.


I'm starting to doubt myself now....
This is what it says on the letter (my bold)


Your living expenses.............................................................£73.10

Limited Capabitlity for work addition
Extra money because you are in the support group........... £36.20
which gives a total income related amount of.....................£109.30

Income & benefits
No income will be taken off your ESA
Your income related amount is £109.30 less £0.00
so you would have been entitled to................................£109.30

However because you are entitled to
contribution based ESA we will pay you
........................ £110.85

Top up payment
Included in your ESA entitlement is a top up payment...... £1.85
which ensures you wont see a reduction in the level of your benefit entitlement as a result of the change to ESA


it also says on other documents "contributory ESA", there is no other mention of IR other than above where it says what I would have been entitled to if I weren't on CB.
So my conclusion that I am only on CB is correct right?
Last edit: 8 years 7 months ago by .

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