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ESA reduced and modest private pension under £85 weekly allowance
- Malcolm
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2 weeks 3 days ago #290265 by Malcolm
ESA reduced and modest private pension under £85 weekly allowance was created by Malcolm
I am an unpaid family carer on carer allowance for my partner on ESA, PIP, and Housing benefits.
when I turned 60 last November 2023 I got a modest private pension of £220 a month and a lump sum £8K.
ESA found out from HRCM and wanted an explanation for the delay in telling them, which I gave. 2 & 1/2 month delay due to my partner's complex MH and physical health issues, doing a PIP review in Dec with medical records form 2 NHS trusts and I had a prostate cancer scare in Jan 2024.
ESA said my partner was over paid by £500 since last Nov and now repaying at £6 per month.
They also have reduced ESA to £129.50 per week less £6 repayments = £123.50 (previously £164.90)
Now our LA has just written to us suspending housing benefits, informed they have been:
"Notified ESA Income related ended on 09.03.24 and now in ESA Contributions based." and doubts about entitlement.
But ESA hasn't informed us and I don't understand why, ESA would not tell us and explain what the implications are.
Maybe that will follow?
I've also only just found out my modest pension, is much less than the weekly £85 pension allowance, so how can ESA do this and claim overpaid and reduce ESA?
when I turned 60 last November 2023 I got a modest private pension of £220 a month and a lump sum £8K.
ESA found out from HRCM and wanted an explanation for the delay in telling them, which I gave. 2 & 1/2 month delay due to my partner's complex MH and physical health issues, doing a PIP review in Dec with medical records form 2 NHS trusts and I had a prostate cancer scare in Jan 2024.
ESA said my partner was over paid by £500 since last Nov and now repaying at £6 per month.
They also have reduced ESA to £129.50 per week less £6 repayments = £123.50 (previously £164.90)
Now our LA has just written to us suspending housing benefits, informed they have been:
"Notified ESA Income related ended on 09.03.24 and now in ESA Contributions based." and doubts about entitlement.
But ESA hasn't informed us and I don't understand why, ESA would not tell us and explain what the implications are.
Maybe that will follow?
I've also only just found out my modest pension, is much less than the weekly £85 pension allowance, so how can ESA do this and claim overpaid and reduce ESA?
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- Gordon
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2 weeks 3 days ago #290281 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA reduced and modest private pension under £85 weekly allowance
M
I'll start by saying that you should get face-to-face advice from a local agency as we can only provide a basic explanation of what has happened and cannot provide assistance with your ongoing HB problem.
advicelocal.uk/
From your post, what has happened is that your pension has been deducted £ for £ from your husband's Income Related ESA, the £85 disregard only applies to Contribution Based ESA.
The weekly amount of about £55 takes his ESA(IR) under the amount that would be paid with ESA(CB) and therefore only the ESA(CB) is now in payment.
Be aware, this means that you lost your entitlement to all passported benefits such as free prescriptions, dental care and help with any sight problems.
It is this change that has triggered the suspension of your HB as normally your Local Authority relies on the DWP to decide entitlement to HB, in simple terms if you qualify for ESA(IR) you qualify for HB.
Gordon
I'll start by saying that you should get face-to-face advice from a local agency as we can only provide a basic explanation of what has happened and cannot provide assistance with your ongoing HB problem.
advicelocal.uk/
From your post, what has happened is that your pension has been deducted £ for £ from your husband's Income Related ESA, the £85 disregard only applies to Contribution Based ESA.
The weekly amount of about £55 takes his ESA(IR) under the amount that would be paid with ESA(CB) and therefore only the ESA(CB) is now in payment.
Be aware, this means that you lost your entitlement to all passported benefits such as free prescriptions, dental care and help with any sight problems.
It is this change that has triggered the suspension of your HB as normally your Local Authority relies on the DWP to decide entitlement to HB, in simple terms if you qualify for ESA(IR) you qualify for HB.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Malcolm
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2 weeks 3 days ago #290300 by Malcolm
Replied by Malcolm on topic ESA reduced and modest private pension under £85 weekly allowance
Hi Gordon thanks for this, it's such a maze. can you please put it a different way or spell out your comment:
"The weekly amount of about £55 takes his ESA(IR) under the amount that would be paid with ESA(CB) and therefore only the ESA(CB) is now in payment."
Are you saying both ESA(IR) & (CB) were running before and now only one is, (CB), because I now get $55pw?
And that (CB) on it's own is not enough to automatically longer qualify for HB.
So we'll have to requalify to get HB? Is that it?
I thought he was just on one kind of ESA in a support group. so I'm confused and ESA hasn't said it's changed.
I'll take up your sensible suggestion to get face-to-face advice, but a bit of clarification would still be very helpful.
Many thanks again.
"The weekly amount of about £55 takes his ESA(IR) under the amount that would be paid with ESA(CB) and therefore only the ESA(CB) is now in payment."
Are you saying both ESA(IR) & (CB) were running before and now only one is, (CB), because I now get $55pw?
And that (CB) on it's own is not enough to automatically longer qualify for HB.
So we'll have to requalify to get HB? Is that it?
I thought he was just on one kind of ESA in a support group. so I'm confused and ESA hasn't said it's changed.
I'll take up your sensible suggestion to get face-to-face advice, but a bit of clarification would still be very helpful.
Many thanks again.
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- Gary
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2 weeks 3 days ago #290306 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESA reduced and modest private pension under £85 weekly allowance
Hi Malcolm
I come across claimants on a regular basis who get both IR ESA and CB ESA, the IR ESA usually has the disability premiums such as SDP or EDP, this part of the claim is always eroded first.
As Gordon has stated, you do need to speak to your local Welfare Rights Organisation, who can take all your circumstances into consideration.
Gary
I come across claimants on a regular basis who get both IR ESA and CB ESA, the IR ESA usually has the disability premiums such as SDP or EDP, this part of the claim is always eroded first.
As Gordon has stated, you do need to speak to your local Welfare Rights Organisation, who can take all your circumstances into consideration.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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2 weeks 3 days ago - 2 weeks 3 days ago #290307 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA reduced and modest private pension under £85 weekly allowance
M
It is easily done but you are confusing the award; Support Group with the type of ESA you are receiving.
So, your partner is receiving what is now called legacy ESA, this is a single benefit with two payment options. you can receive;
- Contribution Based from their NI Contribution history
- Income Related based on your household income, savings and assets
- or a combination of the two
Your partner was receiving both before your pension was paid.
Where the calculated ESA(IR) is less than the ESA(CB) payable, only the ESA(CB) will be paid.
This change does not mean that your HB will automatically cease but there will be deductions from the amount you received previously, providing these do not erode the HB then some payment will still be made.
As an aside, my admittedly quick calculations of what you should be receiving do not tally with the amount of ESA you were originally receiving, the implication is that there were already deductions that were being made which you do not mention, another reason why you should get face-to-face advice to calculate the amount of ESA you should be entitled to.
Gordon
It is easily done but you are confusing the award; Support Group with the type of ESA you are receiving.
So, your partner is receiving what is now called legacy ESA, this is a single benefit with two payment options. you can receive;
- Contribution Based from their NI Contribution history
- Income Related based on your household income, savings and assets
- or a combination of the two
Your partner was receiving both before your pension was paid.
Where the calculated ESA(IR) is less than the ESA(CB) payable, only the ESA(CB) will be paid.
This change does not mean that your HB will automatically cease but there will be deductions from the amount you received previously, providing these do not erode the HB then some payment will still be made.
As an aside, my admittedly quick calculations of what you should be receiving do not tally with the amount of ESA you were originally receiving, the implication is that there were already deductions that were being made which you do not mention, another reason why you should get face-to-face advice to calculate the amount of ESA you should be entitled to.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 2 weeks 3 days ago by Gordon.
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- Malcolm
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2 weeks 2 days ago #290343 by Malcolm
Replied by Malcolm on topic ESA reduced and modest private pension under £85 weekly allowance
Thanks you so much for this, it's becoming more comprehensible.
My partner's ESA was due this morning but instead without any explanation, a payment has appeared DWP JSA £267.70 Job Seekers Allowance?
Yes, it's very confusing without EAS informing us what they have done nor the immplications. I had no idea such a modest private pension could have such a knock-on effect, but our HB is suspended. so no £ for rent due next week.
My partner's ESA was due this morning but instead without any explanation, a payment has appeared DWP JSA £267.70 Job Seekers Allowance?
Yes, it's very confusing without EAS informing us what they have done nor the immplications. I had no idea such a modest private pension could have such a knock-on effect, but our HB is suspended. so no £ for rent due next week.
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