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ESA 3 Form - Income vs Contribution?

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11 years 3 months ago - 11 years 3 months ago #116941 by Softrock
ESA 3 Form - Income vs Contribution? was created by Softrock
After thoroughly reading the ESA-related guides available on this site, my carer received a phone call to tell us I'd been placed in the Support Group without a medical exam. I was not awake during the phone call, but the ATOS representative mentioned to her that they would be sending out an ESA3 form, so I could potentially “have access to more benefits”.

I currently live with a lady who provides care for me, and claims Carer's Allowance and Income Support. This is absolutely vital to me, as the Carer's Allowance means she doesn't have to work or attend the Job Centre, and is always on-hand to attend to me.

In the course of learning about ESA, I must have overlooked the details of Contribution vs Income based benefits, and now I have no clue how to proceed. The form has arrived, and we presumably have around 2 weeks to complete it.

Before the ESA was approved, I received Incapacity Benefit at £112 a week, High Rate DLA Care and Low Rate DLA Mobility, as well as Housing Benefit and Council Tax benefit. I don't work, and the only money in my bank account is set aside to pay upcoming rent and electricity bills. The highest it ever gets is around £900.

I plan to complete the form honestly, but since the ESA3 form starts with the phrase “You have asked to be re-assessed”, I'm worried about the consequences. Could the completion of this form affect my actual ESA claim in any way, or affect the 'top-up benefit' I receive from moving over from Incapacity Benefit?

Thank you once again for your continued help and support!
Last edit: 11 years 3 months ago by bro58.

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11 years 3 months ago - 11 years 3 months ago #116947 by bro58
Replied by bro58 on topic ESA 3 Form - Income vs Contribution?

Softrock wrote: After thoroughly reading the ESA-related guides available on this site, my carer received a phone call to tell us I'd been placed in the Support Group without a medical exam. I was not awake during the phone call, but the ATOS representative mentioned to her that they would be sending out an ESA3 form, so I could potentially “have access to more benefits”.

I currently live with a lady who provides care for me, and claims Carer's Allowance and Income Support. This is absolutely vital to me, as the Carer's Allowance means she doesn't have to work or attend the Job Centre, and is always on-hand to attend to me.

In the course of learning about ESA, I must have overlooked the details of Contribution vs Income based benefits, and now I have no clue how to proceed. The form has arrived, and we presumably have around 2 weeks to complete it.

Before the ESA was approved, I received Incapacity Benefit at £112 a week, High Rate DLA Care and Low Rate DLA Mobility, as well as Housing Benefit and Council Tax benefit. I don't work, and the only money in my bank account is set aside to pay upcoming rent and electricity bills. The highest it ever gets is around £900.

I plan to complete the form honestly, but since the ESA3 form starts with the phrase “You have asked to be re-assessed”, I'm worried about the consequences. Could the completion of this form affect my actual ESA claim in any way, or affect the 'top-up benefit' I receive from moving over from Incapacity Benefit?

Thank you once again for your continued help and support!


Hi Sr,

Congratulations on The SG award !! :cheer:

Are you sure it was an ATOS rep who phoned, as ATOS do not make the actual decision on which group you are placed into, that is done by The DWP ESA Decision Maker.

So if a phone call was made to inform you of the decision, it would be from The DWP, not ATOS.

Again, an ESA3 Form would be issued by The DWP not ATOS, so it looks like there may just be a misunderstanding regarding who the caller was.

ATOS are contracted by The DWP to carry out the medical side of the ESA assessments, and make recommendations, nothing else.

The phrase "You have asked to be re-assessed” is with respect to "Financial" reassessment to see whether you are entitled to any Income Related (IR) ESA top ups to your Contribution Based (CB) ESA.

It has nothing to do with reassessing your capability for work, the ESA50 is used for that.

As it seems that you have been transferred from IB, you would be entitled to, and paid CB ESA (in The SG) :

What will I be transferred to?

You will also be covered by Transitional Protection, with regards to the amount that you will receive :

What will I be paid?

As it seems that you are in receipt of HR Care DLA, you may also be entitled to "Premiums".

These "Premiums" are paid in the form of IR ESA top-ups, there are also other "Premiums" that you may be entitled to, just because you have been placed into The SG, see :

ESA Premiums

Just because you may be "Entitled" to these "Premiums" does not necessarily mean that you will receive all or part of them.

As they are paid in the form of IR ESA top ups, you would first have to pass the means test with respect to household income, capital, assets and savings.

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

This is why you need to fill in he ESA3 to see whether you are entitled to any such IR ESA top ups in addition to your CB ESA.

It would not have been unusual for someone like yourself, in receipt of IB and HR Care of DLA to be entitled to similar "Premiums" in the form of Income Support (IS) top ups.

Of course, as with IR ESA, it would depend on your own particular financial and personal circumstances.

If you wish to know the recommended period before reassessment of your SG award, (The Prognosis) you can ring the 0845 number on The SG award decision notice letter, when you receive it from the DWP.

This letter will not inform you of the prognosis, so you will have to ring the number to find this out.

How often will I be reviewed

See also :

ESA medical – what forms to ask for?

bro58
Last edit: 11 years 3 months ago by bro58.

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11 years 3 months ago #116950 by Gordon
Replied by Gordon on topic ESA 3 Form - Income vs Contribution?
Softrock

I do not wish to pry so I will understand if you do not wish to answer this question, but you say you live with your Carer, is this as partners?

I ask this for two reasons.

If you are not partners, have you contacted the DWP about this, they may assume that you are and this could affect you benefits.

If you are partners, then as a couple you can only have one Income Related benefit paid to you, this could be their Income Support or ESA(IR) paid as a top-up to your claim. Without details of your personal circumstances, it is not possible to say which would be better for you, but you should get face to face advice from a trained advisor who can calculate what you should be getting on these two options so that you can make an informed decision.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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11 years 3 months ago - 11 years 3 months ago #116957 by Softrock
Replied by Softrock on topic ESA 3 Form - Income vs Contribution?

bro58 wrote: It has nothing to do with reassessing your capability for work, the ESA50 is used for that.


Thank you so much for the information! The form seems very similar to our council's Housing Benefits form, so we already have the information on hand.

My main worry is that a re-assessment of my benefits might affect my carer's benefits, specifically her Carer's Allowance. I know her receipt of this benefit is somehow tied to my Disability Premium, and any disturbance in the payment of her Carer's Allowance would be an absolute nightmare, not in terms of money, but because her trips to the Job Centre (even if just to re-instate her benefits) could have an effect on my health.

Should we perhaps enclose a letter explaining this with the form?

Gordon wrote: I do not wish to pry so I will understand if you do not wish to answer this question, but you say you live with your Carer, is this as partners?


Hihi,
We're not partners, and have declared this on many, many benefits forms. The ESA form was completed after she had moved into my house, so the details on that are correct.

The lady is not a professional carer, but lives with me to provide the base level of care that I need on a daily basis. She often receives help from my family, but she is ultimately the one who is on-hand during the night, when I need care the most.

When we moved to my new house and started claiming Housing Benefit, Council Tax Benefit and Carer's Allowance, we received a 'Compliance Visit' to ascertain that we were not living as a couple, which we passed without any further vists or questioninig.
Last edit: 11 years 3 months ago by bro58.

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11 years 3 months ago - 11 years 3 months ago #116962 by bro58
Replied by bro58 on topic ESA 3 Form - Income vs Contribution?
Hi Sr,

Your friend is receiving Carers Allowance as they provide the requisite minimum 35 hours/week of care for you.

They are entitled to claim the CA as you are in receipt of HR Care DLA. (MR Care DLA also applicable)

As long as things don't change with respect to the above, (or your friend does not try to claim an overlapping benefit to CA) there should not be a problem.

Further details : Here.

My best advice would be to fill in The ESA 3 as requested.

If you still have any doubts, you should seek professional advice:

Where to get advice?

bro58
Last edit: 11 years 3 months ago by bro58.

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