× Members

Mixed age couple & ESA premiums

More
4 years 11 months ago #234014 by fwlanza
Mixed age couple & ESA premiums was created by fwlanza
Hi
I have a query on new rules on how mixed age couples are dealt with when one partner reaches state pension age.
I am 57 and claim IR ESA in the support group. My wife will reach state pension age on 6th September. She is my carer but will loose CA payment but retain underlying entitlement. We both receive enhanced rate PIP for both daily living and mobility. With my ESA, we receive both disability income guarantee and severe disability premium.
I have just received a letter from ESA with a recalculation due to my wife’s upcoming pension. This has left us £91 worse off.
I rang the call centre, who told me that as we will be entitled to the pensioner premium, we will no longer be entitled to either of the disability premiums as they cannot be paid as well as the pensioner premium.
I have found nowhere that this is stated, but she quote that these are now classed as overlapping premiums, and that it is either/or now. As we have missed out on pension credit by a few months, but cannot be transferred to UC because I get severe disability premium now, I don’t quite understand what my options are?
I would appreciate some advice, because I thought I understood matters when it came to benefits, but I am stumped with this news.
I have used the turn2us benefit calculator many times, but you cannot input a calculation from a future date.
Many thanks in advance
Fred

Please Log in or Create an account to join the conversation.

More
4 years 11 months ago #234043 by Gordon
Replied by Gordon on topic Mixed age couple & ESA premiums
Fred

You should not be worse off when you include your partners State Pension.

I can't do a detailed response but I can highlight a couple of things.

The Enhanced Disability Premium does not appear to be payable with the Pensioner Premium, however, the latter appears to pay more. See Paragraph (3) of Part 2 Premiums of the following

www.legislation.gov.uk/uksi/2008/794/schedule/4/made

The Severe Disability Premium does not appear to be affected by the Pensioner Premium and as the CA will no longer be payable due to your partner's Pension you should qualify for the couples rate now.

Obviously, the Pension will be deducted but as I said at the beginning, you should not be any worse off.

Gordon

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

Please Log in or Create an account to join the conversation.

More
4 years 11 months ago #234053 by fwlanza
Replied by fwlanza on topic Mixed age couple & ESA premiums
Gordon
Many thanks for this advice. I thought the severe disability premium was right. But, on the “how we calculated your entitlement” page, they missed out my wife details regarding her PIP details.
When I asked the lady, she said my wife would be transferred to Attendance Allowance anyway. I explained that her PIP award was until 2023, she had to talk to her supervisor.
I have just had a reassessment medical for ESA, which went well, as I was only asked questions pertaining to Question 1 on Mobility and then she said she had enough information.
It does worry me that these call centre staff do not have a clue about the regulations.
I am waiting for a call back from the benefits section, which I should get by Thursday !!
I will let you know how it works out
Fred

Please Log in or Create an account to join the conversation.

More
4 years 11 months ago #234379 by fwlanza
Replied by fwlanza on topic Mixed age couple & ESA premiums
Hi Gordon

I have been having a nightmare trying to get my situation sorted out.

I have phoned this ESA phone line twice and explained the situation. Both times, I have been told that because my wife is going to receive her State Pension, she will no longer get PIP and will have to claim AA ( wrong), that because I will get pensioner premium, I will loose all my disability premiums and basically, I should be grateful as my wife will have her pension money, and why should I think I should get disability premium on top of that.
Also, because of this , housing benefit cancelled my claim as from her state pension date and told me I will have to claim UC.
Do they not train the staff. I was promised on Monday that I would get a callback from the benefit section within 3 days( I did not) and today, I escalated the procedure to , hopefully, get a call back with 3 hours.
I have downloaded the ESA regs you gave me a link to, and quoted them, to no avail. I have also downloaded the guidance sent to all Housing benefit staff regarding the new rules for Mixed Age couples which I have linked below. I can see this affecting a large number of people, as the staff are still clueless as to how this will work, and seem to be blanket cancelling all Housing benefit claims with these criteria.

www.gov.uk/government/publications/housi...les-further-guidance

This query may come up more and more.

Thanks
Fred

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.