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ESA contribution to IR changes

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4 years 11 months ago #231791 by Rosemary
ESA contribution to IR changes was created by Rosemary
Hi could someone please advise contribution based ESA to Income DWP were informed of changes in June 2016 one being change of address and two change that my wife was now only working 12 to 15 hrs but there is no proof of this ? Is it worth my time asking them to look at it again.

We understand that rightly or wrongly that my wife’s income did not affect my esa contribution based benefit. Can anyone advise if this was correct.

The decision about your claim
The reason for our decision
Mr Xxxxxxxx has been in receipt of ESA (C) since 12/10/13. He completed an
ESA 3 form to apply for ESA (IR).
Mr Xxxxxxx was contacted in October 18 by the IBR leap team to complete an ESA 3
from his date of conversion which was 12/10/13. As his partner was working for 24
hours he did not qualify and was notified accordingly on or around 03/01/19.
Mr xxxxxxx has asked that his ESA (IR) be backdated to 11/02/16 as at this time his
wife was only working for between 12-15 hours per week.
As this is a change of circumstance, the legislation states that the time limit for
backdating is limited to one month unless certain conditions are satisfied. One of the
conditions is that the change must have occurred within 13 months of the date of
application, which is not the case for Mr Xxxxxxx, his claim for ESA (IR) can only be
considered from 06/10/18 which is the date he completed the ESA 3.

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4 years 11 months ago - 4 years 11 months ago #231828 by Gordon
Replied by Gordon on topic ESA contribution to IR changes
Rosemary

Any Contribution Based ESA will not be affected by your wife's income but any Income Related ESA will.

While your wife was working for 24 hours or more a week you could not receive any ESA(IR), now that she is working less then you become eligible but might still not be entitled to payment. Her income will be treated as income and deducted £ for £ from any ESA(IR) after a disregard of up to £20/week., so it is possible that her income still means that you have no entitlement to ESA(IR).

Your wife's working hours reducing would have been a notifiable Change of Circumstances so if you decide to challenge the Decision you will need to explain why you did not notify them when your wife's hours reduced.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 4 years 11 months ago by Gordon.
The following user(s) said Thank You: Rosemary

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4 years 11 months ago #232070 by Rosemary
Replied by Rosemary on topic ESA contribution to IR changes
Hi George. I should have stated that hours worked averaged out at 12 to 15 hours a month as wife has health problems, which was reported when we phoned in June and DWP July 2016 letter back states change but not what it was. And that we were on contribution based until October 2018. I do not know if this would help our course.
We did not report change again as we had by phone.

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4 years 11 months ago #232074 by Gordon
Replied by Gordon on topic ESA contribution to IR changes
Rosemary

You could put your information into one of the online benefit calculators to see whether you are eligible for any ESA(IR).

www.gov.uk/benefits-calculators

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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