- Posts: 51284
× Members
ESA claim reinstated
- Gordon
- Offline
Less More
6 years 7 months ago #219306 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA claim reinstated
sooootired
So your partner must be receiving Contribution Based ESA with an Income Related top-up.
You are asking for the ESA(IR) bit to be switched back to you, doing this leaves their ESA(CB) still in payment.
If they do not attend and their ESA claim is closed then they will not be able to make a new claim for ESA(CB) without working, possibly for two years or more. This would leave them entirely dependant on your claim.
They will not receive any NI Credits that count towards a full State Pension which could mean they receive a reduced pension when they reach State Retirement Age.
Lastly, when UC replaces your ESA(IR) they will be considered as Fit for Work and will have to go through a new WCA, however, they will not actually be paid for this as they will still be dependant on your claim.
Gordon
So your partner must be receiving Contribution Based ESA with an Income Related top-up.
You are asking for the ESA(IR) bit to be switched back to you, doing this leaves their ESA(CB) still in payment.
If they do not attend and their ESA claim is closed then they will not be able to make a new claim for ESA(CB) without working, possibly for two years or more. This would leave them entirely dependant on your claim.
They will not receive any NI Credits that count towards a full State Pension which could mean they receive a reduced pension when they reach State Retirement Age.
Lastly, when UC replaces your ESA(IR) they will be considered as Fit for Work and will have to go through a new WCA, however, they will not actually be paid for this as they will still be dependant on your claim.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- mage
- Topic Author
- Offline
Less More
- Posts: 16
6 years 7 months ago #219308 by mage
Replied by mage on topic ESA claim reinstated
Thank you for explaining. However we are both on Income Related ESA
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51284
6 years 7 months ago #219318 by Gordon
You can't be, only one person in a couple can claim Income Related ESA, one or both of you has to also be receiving Contribution Based ESA.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA claim reinstated
sooootired wrote: Thank you for explaining. However we are both on Income Related ESA
You can't be, only one person in a couple can claim Income Related ESA, one or both of you has to also be receiving Contribution Based ESA.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: mage
Please Log in or Create an account to join the conversation.
- mage
- Topic Author
- Offline
Less More
- Posts: 16
6 years 7 months ago #219338 by mage
Replied by mage on topic ESA claim reinstated
Thanks so much for your patience and explanations .I honestly had no idea one or both of us had to be on Contribution based ESA and what it all meant.
Please Log in or Create an account to join the conversation.
- petrocelli
- Offline
Less More
- Posts: 259
6 years 7 months ago #219409 by petrocelli
Replied by petrocelli on topic ESA claim reinstated
Forgive me for asking here, however, I thought they weren't allowed to do a home visit without notifying claimants in writing first...................could someone please clarify?
Many thanks
P:woohoo:
Many thanks
P:woohoo:
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51284
6 years 7 months ago #219431 by Gordon
Yes, they need to give seven days notice in writing of an assessment appointment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA claim reinstated
petrocelli wrote: Forgive me for asking here, however, I thought they weren't allowed to do a home visit without notifying claimants in writing first...................could someone please clarify?
Many thanks
P:woohoo:
Yes, they need to give seven days notice in writing of an assessment appointment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: petrocelli
Please Log in or Create an account to join the conversation.
Moderators: Gordon, latetrain, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David