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means testing of support group

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13 years 3 months ago #42101 by suzanne
means testing of support group was created by suzanne
In 2006 I was on a pension and highest care and mobility DLA. I didnt apply for IB, which I didn't even know I was still entitled to, until I got a letter saying there would be an OAP shortfall unless I paid £300 - 400 at the time. I rang that office and they told me that I must apply for it because the shortfall would increase otherwise. I did and was awarded the top rate. I have never been reviewed - I think that is because of my DLA rate? I feel really embarrassed to ask this because people on low incomes are suffering under this government and I am not because my husband works and we are not poor, but I we are bracing ourselves for his job to go as he is in HE.
If I got put in the support group, which I should be (but who knows with the mess that is ESA) would I be ineligible anyway because of his income and my pension if he is employed at the time of my assessment?
If I would be ineligible then I could stop thinking and worrying about it. I cant get my head around all this - God help people who struggle more than me cognitively.
Thanks for reading this

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13 years 3 months ago #42104 by Gordon
Replied by Gordon on topic Re:means testing of support group
suzanne

We cannot give difinitive answers to personal circumstances as we may not be aware of all the relevant facts, so I hope you will understand if I generalise.

The Support Group criteria are listed on page 25 of the "Understanding ESA" document in the Members area.

ESA(CB) will be limited to one year for successful ESA claimants in the WRAG, not the Support Group. After the year, those affected will be eligible for ESA(IR), providing they satisfy the means test.

There can be deductions from ESA(CB) as a result of your income( but not your partners), for example a pension of more than £85 per week, will result in a deduction of half the excess.

Hope this helps

Gordon

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

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13 years 3 months ago #42113 by suzanne
Replied by suzanne on topic Re:means testing of support group
Thanks for the reply Gordon - could I just ask a clarifying question? Is the amount of deduction on excesses of £85 on pro rata basis and is it taken on the gross income or a calculation made for tax already deducted? Sorry I am not using the correct terminology here. I know you can't advise specifically for individual group members and it may sound like I am just sneakily still asking you for that, but at what level would someone's weekly pension after tax wipe out all the ESA?

Oh, and the other thing I wanted to ask is has a mistake been made since 2005 as I have had no reviews?

This is the first time I have asked a question so I am a bit slow at pulling together all the information on the site, which is excellent. I bet the Con-dems hate it! Are these subsiduary questions ok or should I have started another thread?

Suzanne

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13 years 3 months ago #42114 by Gordon
Replied by Gordon on topic Re:means testing of support group
suzanne

As an example, if your pension was £100 then the excess would be £15.00 and the amount deducted would be £7.50.

The DirectGov website shows the rate for a single person in the Support Group as £96.85.

www.direct.gov.uk/en/DisabledPeople/Fina...upport/esa/DG_171896

Gordon

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

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13 years 3 months ago #42115 by suzanne
Replied by suzanne on topic Re:means testing of support group
Right, now I understand. I think I would lose most of it but I guess I still have to go through the process as even though I may end up getting none of it I may still be judged as in this group and so would get my NI contributions paid? Since I pay tax on the IB that may be all I can salvage from the change.

Thanks again Gordon

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