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Job centre appointment to discuss ESA claim
- NannyG
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8 years 6 months ago #142502 by NannyG
Job centre appointment to discuss ESA claim was created by NannyG
I have been receiving ESA for the past year since being medically retired from my job of 30 years. When I first claimed over the phone I was told that I would be assessed on contributions and not means tested. About 4 months later I was given a payment increase and then I receive a letter to say that it would reduced because I receive a work pension. I was very confused as they implied that I had not declared it and this made me feel like a criminal. Now I have been asked to attend an appointment at the job centre to discuss my claim and have been told to bring details of my pension, other benefits I receive , DLA as I receive the higher rate for mobility and the middle rate for care. Details of any assets I've property, savings etc. I suppose my question is what should I be assessed on, contributions from my years of working or means tested?
I'm so confused and I feel like they are trying to catch me out and it also feels like they are looking for a fraudulent claim. Any help or advise would be great
Nanny G
I'm so confused and I feel like they are trying to catch me out and it also feels like they are looking for a fraudulent claim. Any help or advise would be great
Nanny G
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- Gordon
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8 years 6 months ago #142505 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Job centre appointment to discuss ESA claim
Nanny
Although ESA(CB) is not means tested it can be reduced by any pension income that the claimant has.
Did you make the claim over the phone?
Did you see the completed ESA1 claim form and in particular did you sign it?
The ESA1 requires the claimant to detail any pension income that they have, whether they are making a claim for Income Related ESA or not, if you made a claim over the phone and you were not asked about your pension income then you should be OK, although you may struggle to prove this unless you can retrieve a copy of the call (see below).
ESA(CB) has an £85/week disregard for pension income followed by a £1/week deduction for every £2/week of pension income in excess.
You may be able to get a copy of your claim call by making a Subject Access Request to the DWP, the request will need to specify the date and approximate time that the call was made.
SAR :
www.dwp.gov.uk/docs/request-for-personal-information.rtf
From this page :
www.dwp.gov.uk/privacy-policy/data-protection/
Gordon
Although ESA(CB) is not means tested it can be reduced by any pension income that the claimant has.
Did you make the claim over the phone?
Did you see the completed ESA1 claim form and in particular did you sign it?
The ESA1 requires the claimant to detail any pension income that they have, whether they are making a claim for Income Related ESA or not, if you made a claim over the phone and you were not asked about your pension income then you should be OK, although you may struggle to prove this unless you can retrieve a copy of the call (see below).
ESA(CB) has an £85/week disregard for pension income followed by a £1/week deduction for every £2/week of pension income in excess.
You may be able to get a copy of your claim call by making a Subject Access Request to the DWP, the request will need to specify the date and approximate time that the call was made.
SAR :
www.dwp.gov.uk/docs/request-for-personal-information.rtf
From this page :
www.dwp.gov.uk/privacy-policy/data-protection/
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- slugsta
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8 years 6 months ago #142512 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Job centre appointment to discuss ESA claim
Hi Nanny,
Just a postscript to Gordon's excellent advice -
Contributory ESA discounts the first £85 per week of private pension, then the ESA is reduced by 50p for each £1 over this.
Just a postscript to Gordon's excellent advice -
Contributory ESA discounts the first £85 per week of private pension, then the ESA is reduced by 50p for each £1 over this.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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