Negative decision on CB to IR ESA backpay.

Hello

We have received the decision today following my husband sending his ESA3 (IBRD) form at the beginning of January this year.

It states "You are not entitled to ESA IR) from 12.08.11. ...... as The Contribution Based ESA that you have already received exceeds the amount payable on IR ESA. We have included a copy of the assessment panels to show how the decision was made". They have sent 1 double sided sheet, showing panels with figures on dated 12.08.11 to 12.04.2012, 01.07.2016 to 13.04.2017 and 29.12.2017 to 12.04.18. There are no details for 12 to 13, 13 to 14, 14 to 15 or 15 to 16.

The only significance for the 3 time periods that I can think is that the 12.08.11 is the date he was changed from IB to ESA, 01.07.2016 is the date that I (his wife) medically retired and began to receive a pension a month later, and on 29.12.2017 I started to receive Carer's Allowance for him. Not sure why there are no details for the other time periods.

My main questions at this moment are as follows (hoping you can help).

On the 11/12 section, the amounts that have been deducted from the IR figure of £158.55
are £72.63 (the total amount of 3 pensions) and £110.46 which is listed as "Part-Time earnings". However, he has not worked since 2008 when he was medically retired, so I am wondering if anything else could be classed as "Part-Time Work"?

On the 16/17 section, the amounts that have been deducted from the IR figure of £173.65 are £83.29 (again the total amount of 3 pensions), another amount under Occupational Pension of £84.96 which I suspect is my own Pension (this is without checking to confirm that the amount is the same) and again, Part Time Earnings, £34.00. My query on this is, is it correct that if it IS my pension (£83.29) should it be deducted from his claim? And again a query on the Part Time Earnings of £34.00.

On the 17/18 section, the amounts which have been deducted from the IR amount of £209.20 are £84.01 (the total amount of 3 pensions), another Occupational Pension of £96.73, which again I suspect is my pension. Again part time earnings of £36.25 and then Carer's Allowance of £62.70.

So really, my questions are:

1. Is it correct that my Pension has been deducted from his total amount?
2. Would anything other than actual payment for work be classed as "Part-Time Earnings"?
3. Is it correct that Carer's Allowance which I claim is deducted from his total amount?
4. Any ideas why there are several years missing from the figures sheet?

Sorry that this is so long, but I am just trying to make sense of it.

Thank you.

hello
on reading your post I just wondered if you husband is on Pip or was/is on DLA - as if he swapped onto Pip that could cause difficulty as they may not be able access past DLA records as proof of entitlement to certain IR premiums
it is just a thought as it has proved an issue in my case

reading your post again - this is MY take on it
that the first period is the IB change in circs.
the NEXT period is for the next change in circs - which happened to be your retirement
and the next period was as you say another change in circs which was your receiving carers allowance
Each of these changes would affect your husbands IR entitlement, as Gordon said.
The period between 2012 and 2016 had NO changes in circumstances so they did not require further explanation.
Ok - re. the ' The Contribution Based ESA that you have already received exceeds the amount payable on IR ESA'

means that once they took off the deductions - the amount of IR ESA he was entitled to came to less than the CB ESA amount - so it was written off - and that continued to be the same until the change of circs in 2016

I am sorry I cannot work out what the 'part time work' is but knowing the dwp it could be a payment that is not work at all but just the heading they gave it.
Did he ever claim carers allowance for anyone else? or did he have any payments from work for some overtime owed, or inury payment, - or could it have been some Income Support payments?
I am afraid that is all i can think of and if you have old bank statements then perhaps you can find those amounts somewhere - otherwise you will have to ask DWP - there should be a direct line to the people dealing with the IB/ESA back payments, otherwise if you ring the general number, ask for a call back from someone in that department as you are unlikely to get the correct info from the 'usual' phone handlers.

Sorry i couldn't be more help