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ESA and State Pension
- wolfchile
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3 years 10 months ago #260950 by wolfchile
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ESA and State Pension was created by wolfchile
I receive income related ESA. It was contribution initially with a top up of income related. I was medically retired in 2005. I am 51 I live with partner who is 67.
He got a letter a couple of years ago to claim state pension. He asked if he could defer it. We contacted DWP who said any department was up to the pension authority and nothing to do with them. We contacted Pension authority and asked them how long we could defer state pension for and they said as long as he wants. So we asked DWP how long we can defer and they said ask pension authority. So we still get ESA. I am claimant and there is an age related premium.
But now something someone has said has me worried. That this may be viewed as deprivation of income. He didn't want to claim his state pension for fear we would put on to Universal Credit and we still don't want that
I have mental health problems and autism and I am really struggling with this I can't take the worry. This came about after I had trouble over another matter saying we had not informed them of occupational yearly increase when we filled in a form each year.
My husband doesn't want to claim the pension because he doesn't want us to end up on universal credit. We did contact DWP at the time as I said but as this was done via the phone I am worried we have no proof and there is no information on what to do in this situation
The citizens advice who I contacted about another issue flagged this and said this is 'deprivation of income'. I have contacted a paid for advice agency out of desperation and they said different. In total three different answers. So how am I expected to know if these specials don't?
Also I have contacted DWP and pension authority on this issue numerous times. They just passed me back and forth. Pension say you can defer as long as you want DWP said contact pensions.
He got a letter a couple of years ago to claim state pension. He asked if he could defer it. We contacted DWP who said any department was up to the pension authority and nothing to do with them. We contacted Pension authority and asked them how long we could defer state pension for and they said as long as he wants. So we asked DWP how long we can defer and they said ask pension authority. So we still get ESA. I am claimant and there is an age related premium.
But now something someone has said has me worried. That this may be viewed as deprivation of income. He didn't want to claim his state pension for fear we would put on to Universal Credit and we still don't want that
I have mental health problems and autism and I am really struggling with this I can't take the worry. This came about after I had trouble over another matter saying we had not informed them of occupational yearly increase when we filled in a form each year.
My husband doesn't want to claim the pension because he doesn't want us to end up on universal credit. We did contact DWP at the time as I said but as this was done via the phone I am worried we have no proof and there is no information on what to do in this situation
The citizens advice who I contacted about another issue flagged this and said this is 'deprivation of income'. I have contacted a paid for advice agency out of desperation and they said different. In total three different answers. So how am I expected to know if these specials don't?
Also I have contacted DWP and pension authority on this issue numerous times. They just passed me back and forth. Pension say you can defer as long as you want DWP said contact pensions.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gary
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3 years 10 months ago #260985 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESA and State Pension
Hi wolfchile
It is quite hard to give you a definitive answer as we do not have all the information. You are what we call a mixed aged couple, benefit rules changed a few years ago where benefits are now dependant on the youngest of a couple not the oldest.
The first question I would ask you is, do you claim HB, depending on your answer would direct my next train of thought.
From what you have posted on the forum then I would say there is no deprivation of income.
Depending on what you said in my first question, would help me to answer your Universal Credit query, if you do not need to claim housing costs then you would not need to apply for UC.
You can check by putting your information into one of the online benefit calculators.
www.gov.uk/benefits-calculators
If you have any further questions please come back to the forum.
Gary
It is quite hard to give you a definitive answer as we do not have all the information. You are what we call a mixed aged couple, benefit rules changed a few years ago where benefits are now dependant on the youngest of a couple not the oldest.
The first question I would ask you is, do you claim HB, depending on your answer would direct my next train of thought.
From what you have posted on the forum then I would say there is no deprivation of income.
Depending on what you said in my first question, would help me to answer your Universal Credit query, if you do not need to claim housing costs then you would not need to apply for UC.
You can check by putting your information into one of the online benefit calculators.
www.gov.uk/benefits-calculators
If you have any further questions please come back to the forum.
Gary
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