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IB to ESA - DWP -Disability Income Guarantee

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6 years 3 weeks ago #218435 by TheHud
Hi

our son has been contacted as someone who may have been incorrectly assessed back in 2012 when moving from IB to ESA.

During most of this he has lived with us and his ESA amount, contribution based had no IR content. The basic amount seems to have been made up of the old IB amounts with a top up decreasing until it became the same as the now ESA.

The chap on the phone asked the questions on the form that seem to comply with the disability income guarantee element of £15.55 ish. Which he has never received. Is this the back pay? Can anyone advise please :)

Also he applied (finally) for PIP in Oct 2016 as he was one year into a trail to live alone, failing trail I may add, and got the enhanced living element. He was short on mobility points because they used the criteria for mental health, now defunct, but his award was 2 days short of the Nov cut off.
Question will he get the Severe disabled amount for that time he was living alone and getting a qualifying benefit.?

We have requested the form because it was all getting very complicated and he was about to go into a terminal nose dive and so was I.

Part of me is beginning to think is it all worth it because he is back home now and at one point he had a rather bad relationship, intermittent, which he told the chap about. The chap on the phone said if it was not all the time of the claim duration it did not count especially if only short term bursts. This concerned me slightly. Even though the letter also stated this.

Advice and comments please :)

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6 years 3 weeks ago #218451 by Gordon
Elisa

Please don't take offence at this question :)

Are you your son's Appointee? If not then what does he want to do?

The SD Premium is about £60 a week so a year's worth is a substantial amount.

Gordon

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

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6 years 3 weeks ago #218462 by TheHud
No offence Gordon, yes I am but were possible we advise and support unless we have to take over. It helps that you have said the time when he had PIP applies, that would be for about 8/9 months, before he moved back home. That's 28/30 sessions of home therapy :)

All DWP matters is us taking over and the concern is fraud. Our son has no financial awareness, he would like the money, for us, not that it will be because if there is any it will be used to get the therapy that the NHS seems unable to provide, that we can no longer afford.
He does not understand that :)

Last year he got investigated following some permitted supported work he had done in 2014. Someone had reported him. It was a nightmare, he was in a bad way and they were impossible. The eventual result of months of hell and nosing into everything, including our finances (our bank accounts are used) was that xmas 2014 he was paid a bonus that he, and us, were not even aware of that took him a few pounds over the permitted level of earnings for that month. He was fined and charged to pay back the whole month of ESA. We appealed that given his mental health, that they themselves had just completed a paper based assessed on substantive risk, this was a little unfair. It failed, no reason why, the appeal failed.

Thus the fear.

However, if the amount is worth something and certainly worth the expensive treatment that we know helps him, then I am up for the challenge ;)

I have looked at the rules and I just cannot see if he has missed out on an IR element from the beginning.

So anything anyone know about the rules for this and the forms. Especially this girlfriend/partner thing. His lived with him for a few months and the man said it did not matter because it was not the whole time and to discount it.

Many thanks :)

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6 years 3 weeks ago #218475 by Gordon
Elisa

ESA(IR) is dependant on his household income, his savings and assets, and for completness any hours that a partner works. See

Asset and savings rule for ESA(IR)

24 hour work rule for ESA(IR)

The rules for SDP are; he needs to be receiving ESA(IR) or another IR benefit. He must be receiving an enabling benefit such as DLA MRC or HRC or PIP Daily Living, he needs to be living alone or considered to be living alone and no one must be receiving Carers Allowance against his DLA or PIP.

Gordon

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

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