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- Rose
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4 years 6 months ago #238258 by Rose
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Hello I need some help. My husband has a rare brain disease that is degenerative.
He Was placed in the work related esa group after assessment in Feb 2018. I was told today this was for 18 months. He was diagnosed in April 18.
The payments were for 12 months and ended in Dec 18. Though the credits have continued. I have asked for a 're assessment today as he has deteriorated. I was told even if he is re assessed he will get no money !!!! As he is was in the work related group and not support group. He gets pip standard daily living and high rate mobility.
I work 2 days but do not feel I will be able to carry on due to his condition. Im at my whits end. Surely this can't be right
He Was placed in the work related esa group after assessment in Feb 2018. I was told today this was for 18 months. He was diagnosed in April 18.
The payments were for 12 months and ended in Dec 18. Though the credits have continued. I have asked for a 're assessment today as he has deteriorated. I was told even if he is re assessed he will get no money !!!! As he is was in the work related group and not support group. He gets pip standard daily living and high rate mobility.
I work 2 days but do not feel I will be able to carry on due to his condition. Im at my whits end. Surely this can't be right
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- Gordon
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4 years 6 months ago #238265 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA
Rose
I assume your husband's ESA payments were stopped because he was had been receiving Contribution Based ESA for 12 months without being in the Support Group.
Have you checked whether you are eligible for Income Related ESA? The DWP should have contacted him about this. ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset and savings rule for ESA(IR)
24 hour work rule for ESA(IR)
What you have been told if incorrect, providing your husband's claim is unbroken which seems to be the case if he is receiving NI Credits, the if he is placed in the Support Group then his ESA payments will be reinstated.
You need to confirm in writing to the DWP that his conditions have deteriorated and you believe that he now meets the criteria for the SG.
Have you looked at our ESA Claim guide?
www.benefitsandwork.co.uk/help-for-claimants/esa1
Gordon
I assume your husband's ESA payments were stopped because he was had been receiving Contribution Based ESA for 12 months without being in the Support Group.
Have you checked whether you are eligible for Income Related ESA? The DWP should have contacted him about this. ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset and savings rule for ESA(IR)
24 hour work rule for ESA(IR)
What you have been told if incorrect, providing your husband's claim is unbroken which seems to be the case if he is receiving NI Credits, the if he is placed in the Support Group then his ESA payments will be reinstated.
You need to confirm in writing to the DWP that his conditions have deteriorated and you believe that he now meets the criteria for the SG.
Have you looked at our ESA Claim guide?
www.benefitsandwork.co.uk/help-for-claimants/esa1
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gary
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4 years 6 months ago #238267 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESA
Hi Rose
If you do at least 35 hours a week caring for your husband and you earn less than £123 a week then you can claim Carers Allowance (£66.15 per week). You can claim backdate for up to 3 months if you were entitled to carer's allowance before claiming it.
Carers Allowance contact number: 0800 731 0297.
Gary
If you do at least 35 hours a week caring for your husband and you earn less than £123 a week then you can claim Carers Allowance (£66.15 per week). You can claim backdate for up to 3 months if you were entitled to carer's allowance before claiming it.
Carers Allowance contact number: 0800 731 0297.
Gary
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- Rose
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4 years 4 months ago #241269 by Rose
Replied by Rose on topic ESA
Dear Gordon I wrote to the DWP on 18th Oct with no response. I have been assisted by the local carers center to complete the ESA 50. Still no response. I rang the DWP on 27th Nov again to be told even if my husband was reassessed he would not get any payments because he has not paid enough NI CONTRIBUTIONS from the years 2015 to 2016. He has worked full time all his life including those years.
I had a letter in Aug 19 from the DWP saying they cannot pay ESA from 13th April 19 because he has reached the maximum 365 days to get contribution based esa. However he has not been paid esa since Dec 18. It says they may credit him with NI contributions.
I did not reply to this as I thought he has not been paid anyway...plus i did not realise they were crediting him with NI contributions.
I feel at a loss.
Plus he would not be eligible for income related esa.
I know a couple whose husband has the same illness as my husband. He was on contribution based esa his wife had to give up work he was automatically placed in the support group and she was placed on his claim. He also gets severe disability allowance.
I will need to give work up soon as my husband cannot be left alone.
I would be grateful for any advice kind regards Rose
I had a letter in Aug 19 from the DWP saying they cannot pay ESA from 13th April 19 because he has reached the maximum 365 days to get contribution based esa. However he has not been paid esa since Dec 18. It says they may credit him with NI contributions.
I did not reply to this as I thought he has not been paid anyway...plus i did not realise they were crediting him with NI contributions.
I feel at a loss.
Plus he would not be eligible for income related esa.
I know a couple whose husband has the same illness as my husband. He was on contribution based esa his wife had to give up work he was automatically placed in the support group and she was placed on his claim. He also gets severe disability allowance.
I will need to give work up soon as my husband cannot be left alone.
I would be grateful for any advice kind regards Rose
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- Gary
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4 years 4 months ago #241285 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESA
Hi Rose
Contribution based ESA is only paid for one year unless your husband is put in the support group in which case the claim would be ongoing. You say that you completed ESA 50, you need to chase up what is happening with this claim, have they found him fit for work or put him in the limited capability for work group? if they did you can appeal, use our guides to help you www.benefitsandwork.co.uk/help-for-claimants/esa1
If your husband has worked during the period in question then he would have received a P60. A P60 contains exact information about how much you have earned PAYE (Paye As You Earn) and NIC's (National Insurance Contributions) you have paid during the specified tax year. send a copy of this to DWP if there is any dispute.
Gary
Contribution based ESA is only paid for one year unless your husband is put in the support group in which case the claim would be ongoing. You say that you completed ESA 50, you need to chase up what is happening with this claim, have they found him fit for work or put him in the limited capability for work group? if they did you can appeal, use our guides to help you www.benefitsandwork.co.uk/help-for-claimants/esa1
If your husband has worked during the period in question then he would have received a P60. A P60 contains exact information about how much you have earned PAYE (Paye As You Earn) and NIC's (National Insurance Contributions) you have paid during the specified tax year. send a copy of this to DWP if there is any dispute.
Gary
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- Gordon
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4 years 4 months ago #241286 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA
Rose
Just to confirm what I have said previously, the DWP is wrong about his payments not being reinstated if he is placed in the Support Group, the Welfare Reform Act 2012, which covers this situation, suspends the requirement for the claimant needing to re-meet the ESA Contribution Conditions.
Gordon
Just to confirm what I have said previously, the DWP is wrong about his payments not being reinstated if he is placed in the Support Group, the Welfare Reform Act 2012, which covers this situation, suspends the requirement for the claimant needing to re-meet the ESA Contribution Conditions.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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