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Why sent ESA1 after tribunal placed in Support Gp?

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12 years 1 week ago - 12 years 1 week ago #103346 by Kasbah
Hi again

Sorry to bother you again but I rang the DWP who confirmed the ESA1 form was sent in error and that I should have an ESA3 form as Bro mentioned above. She told me that this was because they need to know if my income has changed eg. do i now have any pensions etc.

This confused me because I am in the Support Group CB. The Judge at theTribunal said that the Support Group is not means tested so no-one will be asking me for that information. I told her this and she disagreed and re-iterated what she had just said. I challenged her by asking whether she was saying that the Tribunal Judge was incorrect. She replied yes. AAAGGHHH.

I do not have any money and rely on my partner to support me. Someone I know who is quite knowledgeable about ESA told me that they will also assess my partner's income; surely this isn't the case as I am in the CB Support Group???

Honestly, I feel like I'm going round the bend with all of this. :sick: please help!

Best wishes, Kasbah
Last edit: 12 years 1 week ago by bro58.

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  • bro58
12 years 1 week ago #103354 by bro58

Kasbah wrote: Hi again

Sorry to bother you again but I rang the DWP who confirmed the ESA1 form was sent in error and that I should have an ESA3 form as Bro mentioned above. She told me that this was because they need to know if my income has changed eg. do i now have any pensions etc.

This confused me because I am in the Support Group CB. The Judge at theTribunal said that the Support Group is not means tested so no-one will be asking me for that information. I told her this and she disagreed and re-iterated what she had just said. I challenged her by asking whether she was saying that the Tribunal Judge was incorrect. She replied yes. AAAGGHHH.

I do not have any money and rely on my partner to support me. Someone I know who is quite knowledgeable about ESA told me that they will also assess my partner's income; surely this isn't the case as I am in the CB Support Group???

Honestly, I feel like I'm going round the bend with all of this. :sick: please help!

Best wishes, Kasbah


Hi K,

If you are paid CB ESA you are not means tested, however as with IB, (unless you were exempt) if you are in receipt of an Occupational Pension, then you would have deductiion made from your CB ESA as follows :

If you received £100 pension each week OP, you are allowed the first £85/week without any deductions from your CB ESA so the excess in this scenario would be £15. You would have half of any such excess deducted from your CB ESA i.e. £7.50/week.

So if you are not in receipt of an OP then you will not have any such deductions made.

Household income, assets and savings cannot be taken into account with CB ESA.

The request to fill in the ESA3 may simple be a fact finding exercise to ensure that you are not in receipt of an OP.

You could end up better off, if it comes to a pass that you are entitled to any IR ESA top ups.

My best advice would be to fill the ESA3 in accurately and return it.

bro58

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12 years 1 week ago #103364 by Gordon
Kasbah

Just to add to Bro58's post, as you are in the Support Group you may also be entitled to the Enhanced Disability Premium if you are also entitled to an ESA(IR) top-up, this will be dependant on your income, savings and assets, and any hours that a partner works.

ESA(IR) passports you to a number of other benefits such as free health and dental care.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Kasbah

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12 years 1 week ago - 12 years 1 week ago #103398 by Kasbah
Thanks both, this makes more sense now and I am most grateful for your help. One final thing- will I have to fill in my partner's details on the form?

Thanks again, Kasbah.
Last edit: 12 years 1 week ago by Gordon.

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12 years 1 week ago #103402 by Gordon

Kasbah wrote: Thanks both, this makes more sense now and I am most grateful for your help. One final thing- will I have to fill in my partner's details on the form?

Thanks again, Kasbah.


I am afraid so, any claim for ESA(IR) will be for you as a couple and will assess your joint income, savings and assets and any hours that your partner works.

Gordon

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

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12 years 1 week ago - 12 years 1 week ago #103439 by Kasbah
This is what I don't understand-the woman on the ESA line said that they just wanted to know if I have any change of circumstances financially and mentioned occupational pensions for e.g.

I am happy with having CB SG without IR as I think we will be on the borderline as a couple for IR. What would happen if I filled out the form with just my details (much easier)

Thanks very much once again, Kasbah
Last edit: 12 years 1 week ago by Gordon.

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