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ESA query

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7 years 8 months ago #164879 by duckduckdo
ESA query was created by duckduckdo
Hi. I'm not sure whether I am just being paranoid and need some advice. I am considering moving in with my boyfriend for approx 3 years and letting my daughter, son in law and my 2 grandchildren live rent free in my home but concerned this would trigger the DWP to stop my support group ESA. Obviously I would let the DWP know my new address and move in with my partner. My daughter would be letting their home during this time, but I won't be gaining a penny. I don't know whether the DWP would argue that I am choosing not to make money by not renting out my empty property therefore not entitled to ESA support group. My contact and advice with the DWP has not been reliable in the past as untrained staff on the phones so any advice will be appreciated. I have only recently been assessed from DLA to PIP and was awarded enhanced mobility, same as DLA but also awarded standard care, as conditions are worse, and cannot face anymore fear and stress so this will impact on my decision. I must be due to be reassessed for ESA anytime as it is and am so scared.

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7 years 8 months ago - 7 years 8 months ago #164892 by slugsta
Replied by slugsta on topic ESA query
Hi mememe,

The big thing here is whether you are on contributory or income-related ESA.

If you are contributory benefit then this will be nothing other than a change of address which should not be classed as a change of circumstance. Even if it is, it sounds as if it would only trigger a reassessment a little early (as you say you are expecting it soon anyway).

However, the situation is different if you are on income-related ESA. Firstly, any income or assets that your partner has (except for the house he is living in) would be counted as yours. Also if he works 24 hours or more, you would not be entitled to IR ESA payments at all.

24 hour work rule for ESA(IR)

The other matter is your own house. If you are on income-related ESA, this will be counted as an asset as you are not living in it.

Asset rule for ESA(IR)


If you are on contributory benefit you should have no problems. If you are on Income-related then it would be worth getting face to face advice before you make any decisions. This also applies if your partner is in receipt of any income-related benefits.Try an internet search for 'welfare advice' plus your area, town or postcode.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 8 months ago by slugsta.

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7 years 8 months ago #164928 by duckduckdo
Replied by duckduckdo on topic ESA query
Thank you Mrs Hurtyback for your very prompt reply which is much appreciated.
Due to your reply I re read the last ESA letter 2014 confirming contribution based. I had not realised it was actually a reassessment letter as states 'can appeal against this decision, if after a MR within 1 month etc'. I thought it was the yearly entitlement letter so feel a bit more relieved.
I really don't know what I would do without this wonderful website and very knowledgable forum moderators. Thank you all so much.
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7 years 5 months ago #172799 by duckduckdo
Replied by duckduckdo on topic ESA query
I am a bit confused (doesn't take much). I plucked up the courage to ring DWP last month for a copy of ESA85A. It was dated Jan 13 and "advise the client meets support group criteria as they have severe functional disability". Prognosis " I advise that work is unlikely within 2 years".I also asked on the call when I was due to be reassessed. "Jan 2017".

In Feb 2014 I received a letter from DWP saying Your claim for ESA changes in social security benefits. Mentioned you are required to report any changes and any other help you may be entitled to. Then what to do if you think this decision is wrong and request MR decision within 1 month.

In May 2014 I received a different worded DWP letter. Your claim for ESA changes in the ESA rates payable. We have looked at your claim again following a recent change. (No changes). £10 Christmas bonus. How money will be paid. Other help you may be entitled to. Then what to do if you think this decision is wrong and request MR decision within 1 month.

Knowing I am due to be reassessed in January for ESA I am really anxious about going through all this stress again. I was changed over from DLA to PIP earlier this year and after 6 months of sleepless nights and scared every day of the post arriving, due to this excellent site was happy that I was awarded the correct awards in the end.

Today I got a brown envelope. It is the same letter as the last one I got in May 2014 but dated October 2016. (See above). Am I jumping the gun that I have been reassessed and this is the decision?

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7 years 5 months ago #172809 by Gordon
Replied by Gordon on topic ESA query
mememe

Whilst ESA can be reassessed without the claimant completing an ESA50 it is very rare for this to happen. I'm afraid the only way you will know for certain is for you to contact the DWP about this latest letter.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 3 months ago #177852 by duckduckdo
Replied by duckduckdo on topic ESA query
Hi Gordon.
Just thought I would give you an update. Re my previous post above, being advised by DWP in October that I was due to be reassessed for ESA in Jan 2017. I have been dreading the post now for weeks expecting the forms to complete. After reading a reply from Mrs Hurtyback yesterday to another member advising them to ring the DWP in case the forms have got lost in the post I had to pluck up the courage to ring them.

After security, I was advised I had been assessed in Jan 2013, (I knew this as I asked and was sent a copy of my ESA85A last October dated Jan2013 when I was told I was to be reassessed Jan 2017). After going away and telling me he needed to check a few things he came back and told me I was due to be reassessed in Jan 2019. He gave me the specific date, but I don't want to put this in case I can be identified, as a little paranoid. I had my DLA to PIP earlier this year with a home f2f, and awarded high mobility and medium care for the same conditions I was put in support group in 2013. Do you think they have looked at my PIP and do you think there will be another ESA85A if I wait a week or so?

I can't tell you how relieved I am and owe it all to you and Mrs Hurtyback for your excellent advice and help. Wishing you both a Very Happy New Year, and thank you again for helping me make my life a bit more bearable.
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