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ESA3 Form
- Aquarius
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11 years 7 months ago #94186 by Aquarius
ESA3 Form was created by Aquarius
I have recently been transferred from long term incapacity benefit(formerly on invalidity benefit) to ESA and placed in the support group until August 2015.
I received the standard letter informing me that I would receive ESA Contributions based with a top up transitional payment, which I was more than happy with.
However, the following day I received a form ESA3 04/12 (which is a claim form for ESA Income related) which I reluctantly filled in and returned to the DWP as requested.
My question is,although I complied with their instruction and sent the form back, do I then have the option of remaining on ESA Contributions based if I am unhappy with any new award of ESA Income related.
Your advice would be most appreciated.
I received the standard letter informing me that I would receive ESA Contributions based with a top up transitional payment, which I was more than happy with.
However, the following day I received a form ESA3 04/12 (which is a claim form for ESA Income related) which I reluctantly filled in and returned to the DWP as requested.
My question is,although I complied with their instruction and sent the form back, do I then have the option of remaining on ESA Contributions based if I am unhappy with any new award of ESA Income related.
Your advice would be most appreciated.
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- Gordon
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11 years 7 months ago #94195 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA3 Form
Aquarius wrote:
ESA(IR) opens up a number of other benefits to you for payment, for example, as you are in the Support Group you should be eligible for the Enhanced Disability Premium.
Gordon
The DWP always pay ESA(CB) in preference to ESA(IR) unless a change is requested by the claimant, however, it is possible for your to be paid ESA(IR) as a top-up to your ESA(CB), if your personal circumstances mean you are eligible.I have recently been transferred from long term incapacity benefit(formerly on invalidity benefit) to ESA and placed in the support group until August 2015.
I received the standard letter informing me that I would receive ESA Contributions based with a top up transitional payment, which I was more than happy with.
However, the following day I received a form ESA3 04/12 (which is a claim form for ESA Income related) which I reluctantly filled in and returned to the DWP as requested.
My question is,although I complied with their instruction and sent the form back, do I then have the option of remaining on ESA Contributions based if I am unhappy with any new award of ESA Income related.
Your advice would be most appreciated.
ESA(IR) opens up a number of other benefits to you for payment, for example, as you are in the Support Group you should be eligible for the Enhanced Disability Premium.
Gordon
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- Aquarius
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11 years 7 months ago #94209 by Aquarius
Replied by Aquarius on topic Re:ESA3 Form
Hi Gordon
Thanks for your quick reply.
My concern is that my wife was classed as a dependent relative on my incapacity benefit claim and ,as I understand it, is not part of my claim for ESA Contributions based.
However if I was forced to claim ESA income related against my wishes then my wife could be compelled to attend WFI appointments.
If this was the case then I would prefer just to receive ESA Contributions based and not Income based.
In actual fact, I filled the form in hoping that they will reply saying that my ESA Contributions based payment (incl transitionary top up payment) is greater than my needs allowance and that ESA Income based isn't payable.
However if it is payable, do I still have the option of remaining on ESA Contributions based ?
Thanks for your quick reply.
My concern is that my wife was classed as a dependent relative on my incapacity benefit claim and ,as I understand it, is not part of my claim for ESA Contributions based.
However if I was forced to claim ESA income related against my wishes then my wife could be compelled to attend WFI appointments.
If this was the case then I would prefer just to receive ESA Contributions based and not Income based.
In actual fact, I filled the form in hoping that they will reply saying that my ESA Contributions based payment (incl transitionary top up payment) is greater than my needs allowance and that ESA Income based isn't payable.
However if it is payable, do I still have the option of remaining on ESA Contributions based ?
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- Gordon
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11 years 7 months ago #94217 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA3 Form
Aquarius
As I explained, I would expect the ESA(IR) to be paid in addition to your ESA(CB), I can't comment on whether anything will be payable, but if you are eligible for the Enhanced Disability Premium, it will increase the amount payable by nearly £15 (on top of the couples allowance).
To be honest, I do not know whether it is possible for you to refuse this addition, and therefore prevent your wife having to attend WFIs, but I think it unlikely.
If your wife is providing substantial care for you, and in particular is receiving Carers Allowance or the Carers Premium, then she should be exempted from attending. If she has disabilities of her own, then whilst this will not excuse her from WFIs it may limit how often she is asked to attend.
Gordon
As I explained, I would expect the ESA(IR) to be paid in addition to your ESA(CB), I can't comment on whether anything will be payable, but if you are eligible for the Enhanced Disability Premium, it will increase the amount payable by nearly £15 (on top of the couples allowance).
To be honest, I do not know whether it is possible for you to refuse this addition, and therefore prevent your wife having to attend WFIs, but I think it unlikely.
If your wife is providing substantial care for you, and in particular is receiving Carers Allowance or the Carers Premium, then she should be exempted from attending. If she has disabilities of her own, then whilst this will not excuse her from WFIs it may limit how often she is asked to attend.
Gordon
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- Aquarius
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11 years 7 months ago #94296 by Aquarius
Replied by Aquarius on topic Re:ESA3 Form
Thanks for the advice Gordon.
My wife is entitled to carers allowance but has never bothered to claim it because of receiving the dependant adults payment on my incapacity benefit.
Its probably best for her to claim it now.
Out of curiosity,is the transitional top payment that is paid in addition to ESA when transferring from IB (ie transitional income protection) classed as an "Earnings Disregard" when calculating ESA(IR).
My wife is entitled to carers allowance but has never bothered to claim it because of receiving the dependant adults payment on my incapacity benefit.
Its probably best for her to claim it now.
Out of curiosity,is the transitional top payment that is paid in addition to ESA when transferring from IB (ie transitional income protection) classed as an "Earnings Disregard" when calculating ESA(IR).
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- Gordon
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11 years 7 months ago #94299 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA3 Form
Aquarius wrote:
Gordon
I am sorry, but we can't advise on how much you would be paid, I would advise you to get face to face advice before making any Decisions on your wife claiming Carers Allowance, they should be able to give you an accurate understanding of what you will get paid.Thanks for the advice Gordon.
My wife is entitled to carers allowance but has never bothered to claim it because of receiving the dependant adults payment on my incapacity benefit.
Its probably best for her to claim it now.
Out of curiosity,is the transitional top payment that is paid in addition to ESA when transferring from IB (ie transitional income protection) classed as an "Earnings Disregard" when calculating ESA(IR).
Gordon
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