Clarification needed please

Hello Team B&W,

Firstly I must say an enormous thank you for the help and guidance I have received from the site and the superb service provided by the Moderators.
This is my first post so I hope I don't make too many errors!

Here goes, I am receiving Cont ESA with SG component having migrated from IB. Had to complete another ESA form by Jan 2014 which I did, but not heard anything yet. I am also getting DLA HRM & MRC. Was awarded this for one year to July 2014. Have just received letter to say same awards made following my re-application, but now indefinitely. I am going to ask for a Man Rec on the MRC as my care needs overnight have increased greatly over the last 6 months. With help from your guides I did include plenty of information about this but it seems to have been ignored. Would it help if my husband wrote a letter confirming how much care he needs to provide every night?

We have never claimed CA before as my husband was working. Now however is a different story. My husband has COPD plus a few other probs and with effect from 1 July is no longer employed.
He continued working for as long as he could but was finding it very difficult. He applied for PIP in October 2013 but we have not yet heard anything. The original PIP form was actually thrown away! A bit silly of them really as we had sent it by Special Delivery and had the name of the person who signed for it. After complaining to a very nice lady at DWP Bristol we sent another complete claim to her and she ensured it went into the system properly.
My husbands GP has provided him with a not fit for work note, also we have a very supporting letter from his COPD nurse. Am I right in thinking we can now apply for ESA CB for him? The money he received from work (Settlement agreement and 3 months wages in lieu) has put us just over £16,000 so I think not eligible for ESA IR. Should he also now claim CA as he is no longer working?
What do we do when money in bank goes below £16,000?
Thank you in advance for your help.

wilbo98 wrote: Hello Team B&W,

Firstly I must say an enormous thank you for the help and guidance I have received from the site and the superb service provided by the Moderators.
This is my first post so I hope I don't make too many errors!

Here goes, I am receiving Cont ESA with SG component having migrated from IB. Had to complete another ESA form by Jan 2014 which I did, but not heard anything yet. I am also getting DLA HRM & MRC. Was awarded this for one year to July 2014. Have just received letter to say same awards made following my re-application, but now indefinitely. I am going to ask for a Man Rec on the MRC as my care needs overnight have increased greatly over the last 6 months. With help from your guides I did include plenty of information about this but it seems to have been ignored. Would it help if my husband wrote a letter confirming how much care he needs to provide every night?

We have never claimed CA before as my husband was working. Now however is a different story. My husband has COPD plus a few other probs and with effect from 1 July is no longer employed.
He continued working for as long as he could but was finding it very difficult. He applied for PIP in October 2013 but we have not yet heard anything. The original PIP form was actually thrown away! A bit silly of them really as we had sent it by Special Delivery and had the name of the person who signed for it. After complaining to a very nice lady at DWP Bristol we sent another complete claim to her and she ensured it went into the system properly.
My husbands GP has provided him with a not fit for work note, also we have a very supporting letter from his COPD nurse. Am I right in thinking we can now apply for ESA CB for him? The money he received from work (Settlement agreement and 3 months wages in lieu) has put us just over £16,000 so I think not eligible for ESA IR. Should he also now claim CA as he is no longer working?
What do we do when money in bank goes below £16,000?
Thank you in advance for your help.

Hi w98,

If your husband has enough NI Contributions from employment, he should be entitled to claim ESA in his own right.

The above will be checked by the DWP when he applies, and if entitled as above he would be paid Contribution Based (CB) ESA.

As he has a fit note from his G.P. further information on making a fresh claim for ESA can be found : Here.

When he sends this fit note and any subsequent ones into The DWP, he should keep copies :

Sending Documents to the DWP or ATOS

Once his claim is accepted, he will be paid the assessment rate of ESA, which is currently £72.40/Week.

This will remain in payment for up to 365 days in total (which also includes any time that he spends in The WRAG if that is the group that he is eventually placed in)

See : 12 Month Limit for ESA(CB)

You should keep any letters of support from his G.P. or other treating HCP's, and send them with his ESA50 when he receives it. ( send copies, keep originals)

There is an "Understanding ESA Guide" on this page :

ESA Claims Guides

Your husband will most likely need to provide financial details with his ESA application, and you should ensure that you inform the DWP regarding any capital, assets or savings that you may have.

As you rightly say, you would not be entitled to any IR ESA, if your capital, assets or savings exceed £16,000 :

Asset rule for ESA(IR)

but once the amount diminishes to some amount below that, you may be entitled to some IR ESA in the form of premiums :

ESA Premiums

Especially as it seems that you are in The SG, and in receipt of MR Care of DLA.

You would most likely have to fill in an ESA 3 Financial Assessment Form.

If your husband will be providing at least 35 hours/week care for you, there is nothing to stop him applying for CA.

However, as CB ESA and CA are classed as overlapping benefits, he would not receive CA & CB ESA payments. :

www.gov.uk/carers-allowance/eligibility

If at some time in the future, you are entitled to IR ESA, he may however be entitled to The Carers Premium, as he would be classed as having an underlying entitlement to CA.

The same may go for you, if your husband is awarded the Daily Living Component of PIP, and you are entitled to IR ESA Premium top-ups.

Something to remember here is that if the duties involved in providing care are in direct conflict with the limitations that give hubby (or you in the future) an award of ESA, DLA or PIP, it could have an adverse effect.

e.g. If some one with physical limitations was providing "physical care" for someone else.

bro58

Hi w98,

If you are to spend any of your capital, assets or savings, it may be prudent to keep receipts for all expenditure.

Just in case The DWP think that you are deliberately spending it solely for the purpose of gaining entitlement to IR ESA, or that you are "squirreling" the monies away elsewhere.

bro58