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Esa support/ partner
- Saucygal
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9 years 6 months ago #127021 by Saucygal
Esa support/ partner was created by Saucygal
My partner works 30 hours a week I have been placed on esa support group received phone call yesterday from dwp asking info am now worried that I might lose some or all of my esa please advise thanx
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- Gordon
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9 years 6 months ago #127024 by Gordon
If you are receiving Contribution Based ESA only then the claim is solely in your name and any hours that your partner works or earnings that they receive is not considered in regard to your claim.
If you are receiving Income Related ESA in part or in whole then there is potentially a problem as you cannot receive ESA(IR) if your partner works more than 24 hours/week unless their employment is excluded. See
24 hour work rule for ESA(IR)
If you are not currently receiving ESA(IR) and you have just been put in the SG then the DWP are likely to be checking whether you are eligible for the Enhanced Disability Premium, which is dependant on you also being eligible for an ESA(IR) top-up.
If you have been receiving ESA(IR) in part or in whole and your partners work is not excluded and you have not previously informed the DWP of this, then I would expect any ESA(IR) payments to be recoverable and you may be given a civil penalty. If this is the case then I would recommend that you get face to face advice from a trained advisor, as we are very limited in the advice that we can give in this situation.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Esa support/ partner
Saucygal wrote: My partner works 30 hours a week I have been placed on esa support group received phone call yesterday from dwp asking info am now worried that I might lose some or all of my esa please advise thanx
If you are receiving Contribution Based ESA only then the claim is solely in your name and any hours that your partner works or earnings that they receive is not considered in regard to your claim.
If you are receiving Income Related ESA in part or in whole then there is potentially a problem as you cannot receive ESA(IR) if your partner works more than 24 hours/week unless their employment is excluded. See
24 hour work rule for ESA(IR)
If you are not currently receiving ESA(IR) and you have just been put in the SG then the DWP are likely to be checking whether you are eligible for the Enhanced Disability Premium, which is dependant on you also being eligible for an ESA(IR) top-up.
If you have been receiving ESA(IR) in part or in whole and your partners work is not excluded and you have not previously informed the DWP of this, then I would expect any ESA(IR) payments to be recoverable and you may be given a civil penalty. If this is the case then I would recommend that you get face to face advice from a trained advisor, as we are very limited in the advice that we can give in this situation.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: gwmseven
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- Saucygal
- Topic Author
9 years 6 months ago #127077 by Saucygal
Replied by Saucygal on topic Esa support/ partner
Have now checked paperwork and I am on contribution based esa support group I assume that my partners hours worked are irrevelant
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- Gordon
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- Posts: 51288
9 years 6 months ago #127081 by Gordon
Yes, in regard to ESA(CB) your partners earnings and hours are irrelevant.
You do still need to check that you are not receiving an ESA(IR) top-up to your ESA(CB). If you are it should be identified on your latest ESA payment breakdown letter, you can also check whether you are receiving the Enhanced Disability Premium or Disability Premium Guarantee.
Your ESA(CB) payments should be £108.15/week (Personal Allowance £72.40 + Support Group Component £35.75)
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Esa support/ partner
Saucygal wrote: Have now checked paperwork and I am on contribution based esa support group I assume that my partners hours worked are irrevelant
Yes, in regard to ESA(CB) your partners earnings and hours are irrelevant.
You do still need to check that you are not receiving an ESA(IR) top-up to your ESA(CB). If you are it should be identified on your latest ESA payment breakdown letter, you can also check whether you are receiving the Enhanced Disability Premium or Disability Premium Guarantee.
Your ESA(CB) payments should be £108.15/week (Personal Allowance £72.40 + Support Group Component £35.75)
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Saucygal
- Topic Author
9 years 6 months ago - 9 years 6 months ago #127173 by Saucygal
Replied by Saucygal on topic Esa support/ partner
Have today received a letter from job centre plus States change in esa rates from 22/8/14 esa would be 108.15 because of change of earning money coming in saving and family you are not getting any more income related esa cannot pay because partner works more than 24 per week not entitled to esaas partner treated as working full time your circumstances mean you are entitled to Xmas bonus of 10 your partner may be required to take part in work focused interview once you have claimed for 26 weeks we will credit you with in contributions while claiming esa then it goes on to say payment of esa is based on ni contributions limited capability for work addition extra money as in support group 35.75 total income related amount 0.00 icome and benefits no income taken off your esa income related amount is 35.75 less 0.00 so you would have been entitled to 35.75 however because you are entitled to contribution based esa and support allowance we will pay you 108.15 amounts apply from 22/8 to 27/11 sorry it's so long winded what exactly are they trying to say will I still get my esa plus support or has it stopped thanx
Last edit: 9 years 6 months ago by bro58.
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- bro58
9 years 6 months ago - 9 years 6 months ago #127174 by bro58
Hi Sg,
This is stating that you will receive Contribution Based (CB) ESA at a rate of :
£72.40 Personal Allowance
+
£35.75 Support Group Component
= £108.15/Week. (ESA is paid fortnightly in arrears)
As your partner is working 24 Hours a week or more, you are not entitled to any Income Related (IR) ESA.
As you are not entitled to any IR ESA (top-ups to your CB ESA) you will not receive The Enhanced Disability Premium top-up (for being a member of The Support Group) (currently £15.55/Week) in addition to the £108.15/Week.
As you are in receipt of CB ESA as of the first pay week of December, you are also entitled to the £10 Xmas Bonus.
The Xmas Bonus is generally added to your ESA payment any time from the first pay week of December, so you should expect to receive £10 extra one off payment on top of your ESA.
So, your CB ESA payments of £108.15/Week will continue.
bro58
Replied by bro58 on topic Esa support/ partner
Saucygal wrote: Have today received a letter from job centre plus States change in esa rates from 22/8/14 esa would be 108.15 because of change of earning money coming in saving and family you are not getting any more income related esa cannot pay because partner works more than 24 per week not entitled to esaas partner treated as working full time your circumstances mean you are entitled to Xmas bonus of 10 your partner may be required to take part in work focused interview once you have claimed for 26 weeks we will credit you with in contributions while claiming esa then it goes on to say payment of esa is based on ni contributions limited capability for work addition extra money as in support group 35.75 total income related amount 0.00 icome and benefits no income taken off your esa income related amount is 35.75 less 0.00 so you would have been entitled to 35.75 however because you are entitled to contribution based esa and support allowance we will pay you 108.15 amounts apply from 22/8 to 27/11 sorry it's so long winded what exactly are they trying to say will I still get my esa plus support or has it stopped thanx
Hi Sg,
This is stating that you will receive Contribution Based (CB) ESA at a rate of :
£72.40 Personal Allowance
+
£35.75 Support Group Component
= £108.15/Week. (ESA is paid fortnightly in arrears)
As your partner is working 24 Hours a week or more, you are not entitled to any Income Related (IR) ESA.
As you are not entitled to any IR ESA (top-ups to your CB ESA) you will not receive The Enhanced Disability Premium top-up (for being a member of The Support Group) (currently £15.55/Week) in addition to the £108.15/Week.
As you are in receipt of CB ESA as of the first pay week of December, you are also entitled to the £10 Xmas Bonus.
The Xmas Bonus is generally added to your ESA payment any time from the first pay week of December, so you should expect to receive £10 extra one off payment on top of your ESA.
So, your CB ESA payments of £108.15/Week will continue.
bro58
Last edit: 9 years 6 months ago by bro58.
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