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support group unexpected extra premium

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10 years 4 days ago - 10 years 4 days ago #120564 by libran1962
support group unexpected extra premium was created by libran1962
please can i ask advice? i won my esa appeal on 3rd april and faxed a copy of result to my benefits office.a few days ago i had a letter to say £600 back payment had been paid into my account but i phoned to query this as it was approx half of what i expected.since then iv been passed back and forwards and most recently was told that i was owed an extra £2000 on top of the £600 which i feel is way too much. i asked how it had been worked out and was told it was £49.95 a week since april 2013 to now which is the support group element plus another premium of £15.50 because its IR. my concern is that i thought the support group was CB and as i am getting married on may 31 my partners self employed pay would not be taken into consideration. which is better for me. when i explained this to the lady she said i could always fill in a form to change over to CB after im married. im waiting for a call back but im so confused now. i just wanted to do whats best in the long term. another complication is that they have only paid me from april 2013 not jan 2013( was on assessment rate oct 17 2012 and april was when ATOS assessment led to my benefit being stopped.any advice appreciated
kindest regards s
Last edit: 10 years 4 days ago by Gordon.

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10 years 4 days ago #120573 by slugsta
Replied by slugsta on topic support group unexpected extra premium
Hi L,

This is quite complex - which is why I have left it to Gordon!

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: libran1962

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10 years 4 days ago - 10 years 4 days ago #120574 by Gordon
Replied by Gordon on topic support group unexpected extra premium
Libran

It is not the group that determines whether you ESA is Contribution Based or not but whether you have sufficient NI Contributions to meet the eligibility requirement.

I can't tell from your previous posts whether this was a new claim or whether you were transferred from another benefit, if the former (new) then the first 13 weeks of the claim are only payable at the Assessment rate, it is only from the beginning of week 14 that a claimant becomes entitled to the full rate for the group they are in.

If you are in the Support Group, then dependant on your personal circumstances you can be eligible for the Enhanced Disability Premium, to be eligible you need to be entitled to an ESA(IR) top-up to your ESA(CB) payments.

You say you are getting married but if you could have been considered as having a partner before this, for example you are already living together, then you need to inform the DWP immediately of this as you risk there being an over payment which would not only likely be recoverable but could also lead to a Civil Penalty.

I hope this explains everything but if not please reply to this post with further questions.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 4 days ago by Gordon.
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10 years 4 days ago - 10 years 4 days ago #120582 by libran1962
Replied by libran1962 on topic support group unexpected extra premium
thank you gordon, i honestly dont know how you know all this complicated information but im so grateful that you do. it is a new claim which started on oct 17 th 2012 so i realise the assessment phase is 14 weeks after that. however they have only paid my arrears from april 23 not mid january, i think this is a mistake.my partner has his own home 75 miles away at the moment. when we get married will i have to fill a change of circumstances form in, he doesnt work 24 hours but has an old barn that is used as group accommodation and pays himself a very small wage.
thank you again gordon
kindest wishes
s
Last edit: 10 years 4 days ago by Gordon.

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10 years 4 days ago #120585 by Gordon
Replied by Gordon on topic support group unexpected extra premium
Libran

If you original claim was in October 2012 then you should expect to receive arrears from January 2103.

Yes, you will need to complete an ESA3 when you move in together as your ESA(IR) will become a joint claim, your then husband's wages will be counted as income and deducted from the ESA(IR) top-up, as long as it does not erode the ESA(IR) amount you will remain eligible for free prescriptions, etc. and other benefits such as Housing Benefit.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: libran1962

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10 years 4 days ago #120591 by libran1962
Replied by libran1962 on topic support group unexpected extra premium
thank you gordon, you are a star, and thank you to all the team on here, its a huge help s

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