× Members

Is ESA Support Group Means Tested or Not

More
9 years 6 months ago #126184 by ellilu
Hello,

First time that I have used this forum but hoping for some advice.
I developed rheumatoid arthritis ( and other health issues) almost 3 years and after working for over 30 years as a nurse finally had to give up work. I have no occupational pension. I was on ESA (CB) for 1 year, then placed on ESA(IR) for 15 weeks before being placed in the Support Group.
My question is this: is the Support Group means tested or not? A friend of mine who works for the DWP and Disability Rights say that it not. I was visited by a Local Compliance Officer a couple of months ago - something had flagged up on an old ISA that I had ( I was saving for my god daughters 18th birthday and withdrew the money before I claimed any ESA) so that was not an issue. But the Officer said that my ESA Support Group was made up from a 'mixture' of both Contribution Based and Income Related and wants to see all my bank statements from when I first started claiming ESA at the very beginning.
She has not been bullying in any way but she has been a bit incompetent, making quite a few mistakes. Whilst she was out my house, she had to make three phone calls to ask some questions. She then wrote to me saying that she wanted bank statements from when i first claimed and when I questioned WHY she wanted bank statements from first claiming when I was on ESA CB, she said she had made a mistake and that it was only from the time that I was on ESA (IR) to the present date. I had savings just over £6000 and she said that I had to make overpayments and has started to deduct money without even a letter to say so. But if its NOT means tested, then she shouldn't have done that, should she? When I told her about my friend at the DWP saying that the Support Group is NOT a 'mixture' of CB and IR - its just the Support Group and asked for clarification, she couldn't give any.
My worry is this: I own another property - my beloved deceased mothers small house. When I first claimed ESA, I told the DWP about the house and they said that because I was on Contribution Based, it was not taken into account. I have rented it out on and off since mum died but I have also had long periods when it has been empty. ( it is worth about £70, 000) I recently had a new tenant come in and get £315 a month which goes towards paying my own mortgage and bills. Emotionally, I'm just not ready to sell it yet and to be honest, I always planned on it being part of my pension as I don't have one..... I never planned on being unable to work :(
If this Compliance Officer is insistent that my Support is a mixture of both CB and IR, then I've been told by the CAB that I could be prosecuted for having mums house. You can imagine the stress this has caused me and I've been ill for a month with a really bad flare up of the rheumatoid arthritis.
I am more than happy to comply and send my bank statements as I have not knowingly done anything wrong but I don't trust this compliance officer. If what she says is true, then what will she make me do...sell half my mothers house?!!
My friend from the DWP has said that I should never have been placed in the IR group for those 15 weeks and should have gone straight into the Support Group. I wrote to the DWP Benefits Office where my awards come from to clarify what type of Support Group I am in ( CB or IR) but after three weeks, have yet to get an answer. Do they actually ever reply to letters?
It does not state on my Support Group Award what type it is - CB or IR - it just says 'you are in the Support Group'.
So is the Support Group not means tested whether it is CB or IR?
I really am at my wits end and my GP has started me on anti-depressants. Like I say, I am happy to send all my bank statements - even though she has never told me WHY she wants them - but I just don't trust that she knows what she's doing. If I had something on paper, it might help me to clam down a bit and I'm really hoping that you can help...please.
I hope I haven't been too confusing with all this but any advice you can give would be so gratefully received.
many thanks

Please Log in or Create an account to join the conversation.

More
9 years 6 months ago #126186 by Gordon
Replied by Gordon on topic Is ESA Support Group Means Tested or Not
EL

Welcome to the forum

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?


I am going to recommend that you seek face to face advice from a trained advisor as soon as you can, do an internet search for "welfare advice" with your postcode, town or county. Some organisations operate a triage system where you seen an advisor with partial training in the benefit system, you need to see a fully qualified advisor, although you may need to see a less trained one first.

I have to warn you that we are limited on the advice we can give on the forum in regard to this matter!

It is not the group that is means tested or not but the type of ESA that you are receiving, claimants can receive ESA(CB) on it's own, ESA(IR) on it's own, or ESA(CB) with an ESA(IR) top-up.

When your ESA(CB) initially ceased, were you asked to complete an ESA3 form and if you did, did you retain a copy?

Basically this will boil down to whether you were asked to and then fully disclosed your assets to the DWP at the time you were transferred to ESA(IR) or not. I have to warn you that there are knock on implications to any Housing Benefit, Council Tax, prescriptions and dental care that you have since you started receiving ESA(IR).

I am sorry if this seems worrying, but this has the potential to be a serious matter which is why you need professional advice.

Gordon

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

Please Log in or Create an account to join the conversation.

More
9 years 6 months ago #126187 by satmanbasil
Replied by satmanbasil on topic Is ESA Support Group Means Tested or Not
Hi

As you already know when assessed for ESA and given wrag status then your given it if your national insurance stamp payments are up to date contribution rate for one year after which you can be transferred to income related ESA if you have less than £16,000 savings or you have a non working partner or your single.

With Support Group however if you remain in this group your receive contribution rate until such time your claim is looked at by the DWP
The following user(s) said Thank You: ellilu

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.