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IR esa from Contribution based
- Sharon Oliver
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6 years 2 months ago #215218 by Sharon Oliver
IR esa from Contribution based was created by Sharon Oliver
Hi, I've been on contribution based esa since January 2013 after being on IB. My husband was working, but we split up January 2014. I received a letter stating that because my husband was working January 2013, then I'm not entitled to IR esa. I have personally not worked since 1995 due to my disability, so therefore I've not put in my NI contributions. Is this right that I won't be entitled to IR esa and have to live on the less money of contribution based esa? Please help me as I'm at my wits end. I'm also fighting a PIP decision at the moment. Thank you
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- Gordon
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6 years 2 months ago #215250 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic IR esa from Contribution based
S
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
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There are actually two issues that you need to deal with.
First, have a look at the following
www.benefitsandwork.co.uk/news/3735-esa-...t-many-will-miss-out
I think the DWP have contacted you in regard to this.
Secondly, there is your current status.
Did you notify the DWP that your husband was no longer living with you in 2014?
Providing you meet the criteria, see below, I can't see any reason why you would not be entitled to Income Related ESA now, you may be able to argue that you should have been entitled since your husband left but this may depend on whether you notified the DWP about this.
ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset and savings rule for ESA(IR)
24 hour work rule for ESA(IR)
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
There are actually two issues that you need to deal with.
First, have a look at the following
www.benefitsandwork.co.uk/news/3735-esa-...t-many-will-miss-out
I think the DWP have contacted you in regard to this.
Secondly, there is your current status.
Did you notify the DWP that your husband was no longer living with you in 2014?
Providing you meet the criteria, see below, I can't see any reason why you would not be entitled to Income Related ESA now, you may be able to argue that you should have been entitled since your husband left but this may depend on whether you notified the DWP about this.
ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset and savings rule for ESA(IR)
24 hour work rule for ESA(IR)
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Sharon Oliver
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