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Means Testing ESA

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12 years 2 weeks ago - 12 years 2 weeks ago #82897 by pickles
Means Testing ESA was created by pickles
Hi
I am trying to get my head round the means testing of this benefit.
A little history first.
I am 60 yrs old and received incapacity benefit for 12 years.I failed the ESA and have lodged an appeal one month ago of which I have heard nothing not even an acknowledgement of receipt.
I will not receive my state pension for another two years.

I have just discovered that they are means testing ESA

I have savings in excess of £16000 so I am wondering if it is worth me appealing at all.

It is so very frustrating as I missed the cut off point for continuance of IB by four months.

I am not fit for work and at my age my condition is not going to improve but it very much looks like I will have to live on my nest egg which will disappear quite rapidly before I get my pension.

Should I just withdraw my appeal do you think?
Last edit: 12 years 2 weeks ago by slugsta.

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  • pete17971
12 years 2 weeks ago - 12 years 2 weeks ago #82905 by pete17971
Replied by pete17971 on topic Re:Means Testing ESA
pickles wrote:

Hi
I am trying to get my head round the means testing of this benefit.
A little history first.
I am 60 yrs old and received incapacity benefit for 12 years.I failed the ESA and have lodged an appeal one month ago of which I have heard nothing not even an acknowledgement of receipt.
I will not receive my state pension for another two years.

I have just discovered that they are means testing ESA

I have savings in excess of £16000 so I am wondering if it is worth me appealing at all.

It is so very frustrating as I missed the cut off point for continuance of IB by four months.

I am not fit for work and at my age my condition is not going to improve but it very much looks like I will have to live on my nest egg which will disappear quite rapidly before I get my pension.

Should I just withdraw my appeal do you think?



Hi,

If you were in receipt of Incapacity Benefit, then (if you had qualified for ESA) it would have been Contributory Based.

That means if you got placed into the Work Related Group it would be paid for 1 year, or if in the Support Group, as long as you remain in the Support Group. Savings are irrelevant but any Occupational Pension may affect the amount payable.

Income Related ie means tested ESA is only for those who
either have not paid enough NI Contributions to receive contributory benefit, or their year of Contributory WRAG has expired.

In the given circs I certainly would not withdraw the appeal but try to obtain some face to face help to progress your case to the appeal.

Pete
Last edit: 12 years 2 weeks ago by pete17971.

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12 years 2 weeks ago #82907 by Gordon
Replied by Gordon on topic Re:Means Testing ESA
pickles

Your appeal is based on your claiming ESA as a result of you being transferred from IB and as a result is a claim for ESA(CB), this is not a means tested benefit.

Even in the context of the 12 month limit for ESA(CB) for members of the WRAG, it would still be worth you appealing the Decision as a successful appeal would result in you receiving at least 12 months WRAG component payments, and if you were placed in the Support Group, the re-instatement of your ESA(CB) in full.

ERA(IR), the means tested version of ESA, is only relevant if you wish to make a new claim for ESA and you are unable to satisfy the conditions for ESA(CB).

Hope this explains it.

Gordon

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

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 2 weeks ago #82909 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:Means Testing ESA
Hi,

We cannot advice on individual claims, i.e. you ask should I withdraw my appeal ?

Only you can decide that as we don't have access to your case papers.

My advice would be to contact a benefits adviser for 'face to to face' advice.

See Benefits Adviser and

Community Legal Advice

Good luck.

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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12 years 2 weeks ago - 12 years 2 weeks ago #82911 by pickles
Replied by pickles on topic Re:Means Testing ESA
Thank you both so much for replying so quickly. That sounds a little more optimistic. I shall let the appeal run.

Thank you for all the valuable information on this site :)
Last edit: 12 years 2 weeks ago by slugsta.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 2 weeks ago #82920 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:Means Testing ESA
Hi P,

I'm sorry if I misunderstood your post, so please accept my apologies.

Regretfully, as I'm now over 70 years of age, I find it difficult to keep up to date with
all social security benefits.

Whilst in the past, I was 'au fait' with Incapacity Benefit & the former Invalidity Benefit, I'm afraid that's not the case with ESA, of which I know only the basics.

My specialism is now DLA/AA and appeals connected with these two benefits, although where possible I will deal with other queries if we don't have many moderators online. I will also be dealing with the replacement of Disability Allowance (DLA) when Personal Independence Payment (PIP) is introduced.

I note that Gordon has also replied to you. Both his and Crazydiamond's knowledge of the intricacies of ESA are far superior to mine.

Again, my apologies.

Kind regards.

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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