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- M11GEGSAFC
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8 years 11 months ago #158998 by M11GEGSAFC
ESA was created by M11GEGSAFC
Hi I am new to this site and am hoping I can get some help with the situation I find myself in.
I am in receipt of DLA indefinitely, high mobility and low care, and as yet have not been asked to apply for PIP.
My husband is currently on PIP though.
I claimed ESA for myself and my husband and have done since 20 June 2014.
As part of my claim for ESA I I explained that my husband and my brother in law had inherited a half share each, of a house from their late mother up in Sunderland, which at the time was being rented out and is currently being rented out.
I showed them proof of what we were earning from it and provided them with all the information that they asked for.
They awarded me ESA fortnightly and I have been receiving it no problem ever since.
In February this year someone from the Dewsbury Jobcentre came to my house saying that they thought we had savings in a bank account which we proved to not be true. During the conversation the lady told us about a scheme whereby we can get help with our mortgage for the house we live in.
I made an application and sent all the necessary forms to Dewsbury Jobcentre and have been waiting for a response since.
I rang them yesterday and they are now saying that I am not entitled to any help with my mortgage because I am no longer entitled to ESA and that they had "made a mistake" when they had awarded it to me. I am in the support group due to my disabilities.
I am waiting for the letter to come through the post explaining to me why I am no longer entitled to ESA even though nothing has changed in any of my circumstances or my husbands.
I would be very grateful if anybody could help me, as I am worried that because of their error I may be ordered to pay the money back from 2014.
Many thanks in advance.
M11GEGSAFC aka Anita and Rob
I am in receipt of DLA indefinitely, high mobility and low care, and as yet have not been asked to apply for PIP.
My husband is currently on PIP though.
I claimed ESA for myself and my husband and have done since 20 June 2014.
As part of my claim for ESA I I explained that my husband and my brother in law had inherited a half share each, of a house from their late mother up in Sunderland, which at the time was being rented out and is currently being rented out.
I showed them proof of what we were earning from it and provided them with all the information that they asked for.
They awarded me ESA fortnightly and I have been receiving it no problem ever since.
In February this year someone from the Dewsbury Jobcentre came to my house saying that they thought we had savings in a bank account which we proved to not be true. During the conversation the lady told us about a scheme whereby we can get help with our mortgage for the house we live in.
I made an application and sent all the necessary forms to Dewsbury Jobcentre and have been waiting for a response since.
I rang them yesterday and they are now saying that I am not entitled to any help with my mortgage because I am no longer entitled to ESA and that they had "made a mistake" when they had awarded it to me. I am in the support group due to my disabilities.
I am waiting for the letter to come through the post explaining to me why I am no longer entitled to ESA even though nothing has changed in any of my circumstances or my husbands.
I would be very grateful if anybody could help me, as I am worried that because of their error I may be ordered to pay the money back from 2014.
Many thanks in advance.
M11GEGSAFC aka Anita and Rob
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- Gordon
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8 years 11 months ago #159016 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA
M11GEGSAFC
I'm going to recommend that you get face to face advice as you may need someone to go through all of the correspondence involved in your claim, which we cannot do on the forum. Do an internet search "welfare advice" with your postcode, town or county.
Unless you were working throughout the two Tax Years 2011-12 and 2012-13, you claim will be for Income Related ESA, which is consistent with what you have posted. Eligibility for ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
Again from your post there are potential issues with your income and your savings and assets, I assume that you husband is not currently working.
If the DWP accept responsibility for the error, then there should be no requirement for you to repay any ESA paid in error, but this may depend on the information that you have supplied to them about your financial circumstances in the past.
Without more information as to what the problem is it's not possible to give more advice at this time.
Gordon
I'm going to recommend that you get face to face advice as you may need someone to go through all of the correspondence involved in your claim, which we cannot do on the forum. Do an internet search "welfare advice" with your postcode, town or county.
Unless you were working throughout the two Tax Years 2011-12 and 2012-13, you claim will be for Income Related ESA, which is consistent with what you have posted. Eligibility for ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
Again from your post there are potential issues with your income and your savings and assets, I assume that you husband is not currently working.
If the DWP accept responsibility for the error, then there should be no requirement for you to repay any ESA paid in error, but this may depend on the information that you have supplied to them about your financial circumstances in the past.
Without more information as to what the problem is it's not possible to give more advice at this time.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- M11GEGSAFC
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8 years 11 months ago #159037 by M11GEGSAFC
Replied by M11GEGSAFC on topic ESA
Hi Gordon
Thank you so much for your reply and advice on my best course of action.
Yes my husband is out of work at the present time.
Thank you for the 2 links you gave me too, although the work rule was not relevant in my situation, the asset one was very helpful and informative and on working out my assets I would still be entitled to ESA but on a reduced amount.
I will certainly wait for the letter and then get in touch with my local Citizens Advice Bureau whereby hopefully they will be able to help me.
Many thanks again
Anita M11GEGSAFC
Thank you so much for your reply and advice on my best course of action.
Yes my husband is out of work at the present time.
Thank you for the 2 links you gave me too, although the work rule was not relevant in my situation, the asset one was very helpful and informative and on working out my assets I would still be entitled to ESA but on a reduced amount.
I will certainly wait for the letter and then get in touch with my local Citizens Advice Bureau whereby hopefully they will be able to help me.
Many thanks again
Anita M11GEGSAFC
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- slugsta
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8 years 11 months ago #159071 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic ESA
If your husband is judged to have a half share of a house, that would probably put you over the permitted assets.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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