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ESA Reduction
- wolfchile
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5 years 2 months ago #245064 by wolfchile
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by wolfchile on topic ESA Reduction
I receive contribution ESA with income related top up. I am in support group. I started off with contribution ESA in 2005. I said I had no idea what I was on as I didn't know how long contribution element lasts but is a continuous claim since 2005. There is nothing on letter to indicate either. Just I am in support group.
As for getting welfare rights advice I have tried this! I have searched continuously for past two years. There is none to get advice from. Citizens Advice have no clue and told me to "speak to DWP' which I have done. DWP said I am going to lose £38 per week from 3rd June. After waiting an hour on phone for them to tell me why they said it is because my husband is of state pension age and will be 67 in December so cannot put off claiming pension any longer.
They told me to bring pension service who told me they don't care if or when he claims his pension, it's up to DWP. It's there rules. So I've been passed back on fourth.
However I joined another benfits advice service and paid a subscription who claim to have benefited lawyers and they said I will lose my housing benefit of if my husband claims his pension and all of his ESA. Everywhere I try either won't help me or gives a different answer, has me in prison for failing to declare a pension he don't have and doesnt want to claim or plunged on to Universal Credit.
I am so upset and stressed. I give up. I have just being trying to ask what we can do to avoid losing £38 per week which we can't afford and no-one call me except to " call DWP" which is hardly independent advice. There is no benfits advice anymore. Also anything that exists won't speak to you of out of area.
As for getting welfare rights advice I have tried this! I have searched continuously for past two years. There is none to get advice from. Citizens Advice have no clue and told me to "speak to DWP' which I have done. DWP said I am going to lose £38 per week from 3rd June. After waiting an hour on phone for them to tell me why they said it is because my husband is of state pension age and will be 67 in December so cannot put off claiming pension any longer.
They told me to bring pension service who told me they don't care if or when he claims his pension, it's up to DWP. It's there rules. So I've been passed back on fourth.
However I joined another benfits advice service and paid a subscription who claim to have benefited lawyers and they said I will lose my housing benefit of if my husband claims his pension and all of his ESA. Everywhere I try either won't help me or gives a different answer, has me in prison for failing to declare a pension he don't have and doesnt want to claim or plunged on to Universal Credit.
I am so upset and stressed. I give up. I have just being trying to ask what we can do to avoid losing £38 per week which we can't afford and no-one call me except to " call DWP" which is hardly independent advice. There is no benfits advice anymore. Also anything that exists won't speak to you of out of area.
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- Gary
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5 years 2 months ago #245068 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESA Reduction
Hi wolfchile
There are a number of issues going on but lets deal with your part first;
you are in receipt of CB ESA and placed in the support group, ESA decision do not include an end date or award length, the award is indefinite with scheduled reassessment, this will not change when your husband applies for his state pension. Your income is included when you apply for any means tested benefits such as HB, IR ESA, UC, PC.
You say your husband will loose his ESA and housing benefit if he claims his SP, to answer that question correctly, who made the claim for housing benefit?
The law changed with mixed aged couples in May last year, prior to May last year Housing Benefit and Pension Credits was based on the age of the eldest of a couple, After May last year it is now based on the age of the youngest of a couple, therefore if there has been a change in your circumstances to claim the housing element, the youngest of a couple has to apply for Universal Credit.
In your case you would have to apply for 'New Style ESA' if you have to apply for the housing element. If you do not have to apply for the housing element, then you partner would only have to apply for his state pension. Our UC and ESA claim guide explains the criteria that you will need to meet.
www.benefitsandwork.co.uk/help-for-claimants/esa1
If you were thinking about applying for Pension Credit (household income less than £255.25pw + premiums) then you would not be eligible unless you are of PC age, due to the change in the law in May last year.
I have come across quite a few couples of mixed age who are now affected by the under occupancy charge (bedroom tax), whereas prior to May last year they would not have been affected.
I have not crunched any numbers as I do not know your details but I am not sure where this £38 pw comes from, as you would still get your CB ESA and your support premium. If your partner claimed CA or a carers premium with their ESA then this would stop when he claimed state pension.
Gary
There are a number of issues going on but lets deal with your part first;
you are in receipt of CB ESA and placed in the support group, ESA decision do not include an end date or award length, the award is indefinite with scheduled reassessment, this will not change when your husband applies for his state pension. Your income is included when you apply for any means tested benefits such as HB, IR ESA, UC, PC.
You say your husband will loose his ESA and housing benefit if he claims his SP, to answer that question correctly, who made the claim for housing benefit?
The law changed with mixed aged couples in May last year, prior to May last year Housing Benefit and Pension Credits was based on the age of the eldest of a couple, After May last year it is now based on the age of the youngest of a couple, therefore if there has been a change in your circumstances to claim the housing element, the youngest of a couple has to apply for Universal Credit.
In your case you would have to apply for 'New Style ESA' if you have to apply for the housing element. If you do not have to apply for the housing element, then you partner would only have to apply for his state pension. Our UC and ESA claim guide explains the criteria that you will need to meet.
www.benefitsandwork.co.uk/help-for-claimants/esa1
If you were thinking about applying for Pension Credit (household income less than £255.25pw + premiums) then you would not be eligible unless you are of PC age, due to the change in the law in May last year.
I have come across quite a few couples of mixed age who are now affected by the under occupancy charge (bedroom tax), whereas prior to May last year they would not have been affected.
I have not crunched any numbers as I do not know your details but I am not sure where this £38 pw comes from, as you would still get your CB ESA and your support premium. If your partner claimed CA or a carers premium with their ESA then this would stop when he claimed state pension.
Gary
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