Support Group: is entitlement affected by income?

I can't get my head round the eligibility rules, can anyone help me with a simple answer please? My partner is about to submit a new claim for ESA as a result of deterioration in health. Previously was assessed as in WRAG and was getting NI contributions only. ESA was paid for 12 months but no further entitlement as joint income and savings exceeded income based limits.

New claim is in the hope of being reassessed as support group eligible. But would this be affected by the level of income and savings? We have just under £20k joint savings and I have pensions income of around £13kpa ( and PIP). Partner gets just over £4k pa in ill health retirement pension ( and DLA) and doesn't reach pension age for another 6 years. No other income.

I'd really appreciate some help, or direction to the right guidance. Many thanks.

Astralsurfer wrote: I can't get my head round the eligibility rules, can anyone help me with a simple answer please? My partner is about to submit a new claim for ESA as a result of deterioration in health. Previously was assessed as in WRAG and was getting NI contributions only. ESA was paid for 12 months but no further entitlement as joint income and savings exceeded income based limits.

New claim is in the hope of being reassessed as support group eligible. But would this be affected by the level of income and savings? We have just under £20k joint savings and I have pensions income of around £13kpa ( and PIP). Partner gets just over £4k pa in ill health retirement pension ( and DLA) and doesn't reach pension age for another 6 years. No other income.

I'd really appreciate some help, or direction to the right guidance. Many thanks.

Hi As,

If your partner has not formally closed their ESA claim which gave them the WRAG award, they will will still be classed as having a CB ESA award at "nil rate". (NI Credits only)

If they haven't already closed their ESA Claim, I would strongly advise that they get face to face advice from The CAB or the like before doing so, as it may cause them irreversible problems with future entitlement to CB ESA.

On the premise that they have not closed their ESA Claim, they do not have to make a fresh claim.

If their condition has deteriorated or changed to such an extent that they now qualify for The SG, they need to request a review/supersession of their current WRAG award.

This would involve them reporting a Change of Circumstances (C of C) in writing to the address of the the Benefits Office/Centre on their most recent ESA letter :

Sending Documents to the DWP.

They would need to provide evidence of the change/deterioration, and would most probably have to fill out a fresh ESA50, and may or may not have to attend a face to face assessment.

If they can gain entry to The SG as a result of this review, payments of CB ESA will be reinstated from the the date of reporting The C of C.

There is no savings limit with respect to entitlement to payment of CB ESA, and their "Pension" would only have an affect on their payments of CB ESA if it was in excess of £85/Week.

50% of any excess above the £85/Week would be deducted from any CB ESA entitlement.

The CB ESA £85/Week "Pension" disregard rules are as seen in the following example :

Occupational Pension = £105/Week = £20 in excess of the £85 disregard.

50% of the £20 excess = £10, therefore in this example £10/Week would be deducted from any CB ESA weekly entitlement.

Any other income that you have would not affect their CB ESA entitlement, nor would the DLA.

Capital, assets, savings and household income are only applicable for Income Related (IR) ESA.

I would still inform The DWP in writing of all savings and household income that you have.

See : ESA Claims Guides

&

ESA FAQ’s

Please reply to this post if you have any further queries.

bro58

Thanks bro58.

It's just a nightmare. Local CAB said there's no provision for a review on the basis of worsening and new health problems. The advisor was adamant. We have no faith in CAB; they offer wrong advice.

The ESA claim was closed by DWP. Partner was unable to attend a medical assessment (routine and the first for nearly 3 years) and told assessment centre day before that condition was in crisis and couldn't travel 40 mile round trip. ATOS deemed this a failure to attend. DWP then closed claim, without explanation. Mandatory reconsideration with reasons for closure requested. DWP said no medical proof for non attendance offered and that there had been no medical assessment at any time. This is wrong; an ATOS WCA was undertaken in 2012. DWP therefore closed current 'claim'. A different DWP advisor said a new claim should be submitted and took details of partner and self over the phone, and a medical form has arrived by post. A new medical note was required from date of new claim onwards. GP has supplied certificate for 3 months without question and is happy to fully support DWP claim.

So now there's a medical form to complete ( haven't faced that one yet!) and full details of our joint incomes, savings etc. there's no point going through the medical form if the whole lots thrown out on the basis of joint income.

It's causing so much stress; I think we'll have to give in. I know it's wrong, but I think we've hit the wall. The stuffing's knocked out and we'll manage. I'm convinced there's genuine entitlement, but
It's too much to battle against.

Thanks again bro58.

Hi As,

Just to clarify,

There is an absolute limit of 13 months after the date of the adverse MR Notice letter to make a "late appeal".

As Gordon, states you would need to show good cause for the late appeal.

You have little to lose by trying this if within the 13 months time limit.

bro58

Thanks Gordon and bro58 for further advice.

To clarify, there was an existing claim at the time of CAB advice. We spoke to CAB to find out how to have a review because of deteriorating health and no possibility of partner being able to work. The advice was that there's no such provision. It was wrong, but the advisor was emphatic.

This is just a hiding to nothing ,I fear. The DWP advisor said partner had not attended a WCA last year. This was news to us, no such attendance requested by DWP or ATOS. Plus she said there had never been a WCA. That's untrue as one was attended in 2012 and we have the written report. DWP seem to have no record of this.

GP would probably provide a letter confirming health a few days after the missed assessment and confirm that travel wouldn't have been possible.

There are no NI contributions for the relevant years, only credits. So it's going to be a non starter on that score. Seems like we're stuffed every way and the stress just isn't worth it. It's causing despair and anger to my partner and that's making other medical problems worse. I think I'll call it a day and it's another one up to a deeply flawed and unfair system which is penalising someone who has no self esteem and who lost a decent career through health problems. It's so wrong.

I do value your time and advice and many thanks to you both.