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ESA mandatory reconsideration won so singleca ESA

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6 years 6 months ago #199448 by ambofoster
Just want to check on this before I ring them.
I started my ESA contributions based claim back in April 2016. My partner the was also on a single esa income related claim.

We carried on individually and mine finished at 52 weeks because no assessment had been done etc.

So in April 2017 we were told that actually we should then be claiming as a couple so we applied and my partner did and we got the £114 as couple. He didn’t have anything taken off him as I wasn’t getting any esa.

However the my ESA contributions based claim I eventually won after mandatory reconsideration and was duly reinstated and backpay paid etc. That’s also thanks to Gordon for all his help.

So now I get the 73.10 plus 36.55 per week. For my individual esa.
Now this is where I feel it’s been an error on partner. He gets the couples allowance of 114 but then all I get is taken off him so we no better off.

My questions therefore are:

1. As my ESA been ‘reinstated’ And therefore actually continues after the 52 weeks as I’m In support group really partner shouldn’t now be claiming for us as a couple ??

As they take off him what I actually get surely his award should go back to his single status so he gets 73.10 per week too. (And not the 114 as a couple) because I feel we are losing 36.55 this way after all the fighting and stress I went thru ?

I don’t want to rock the boat to call and make a fuss if I’ve got this wrong in head.

But in my mind we’ve already lost out as instead of us both getting 73.10 each = 146.20 pw we already down by 32.20 pw
Under the couple claim.
But I don’t think we should be claiming as a couple now? As my single esa has continued.

They admitted that really way back when I started my individual claim we should really have then claimed from start as a couple. And they didn’t deduct anything from partners money during that 52 weeks. Their mistake and wrote off.

But the way they doing it
Partner only gets the 114 as us as a couple ?
But then my 73.10 is also taken off him ?? So we on a deficit now of 40.90!?? Can’t be right ??

Can’t see what point was of the last 15 months of fighting and stress to only be worse off ??
If you can advise if I should speak to DWP or have I got it wrong etc ??

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6 years 6 months ago #199462 by Gordon
Ambo

I'm afraid you have misunderstood the rules regarding couples.

An Income Related claim must always be claimed as a couple if the claimant has a partner, you are lucky that the DWP have not recovered any over payment, I guess that the missing couples allowance covered your ESA(CB).


Under a couples claim your ESA(CB) is counted as income and is deducted from your partners ESA(IR) claim.

Gordon

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

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6 years 6 months ago #199472 by ambofoster
Replied by ambofoster on topic ESA mandatory reconsideration won so singleca ESA
Thank you. As I said previously. ESA aware of mistake they made in advice given to us initially in 2016. Agreed that no call back for money works be made.

Ok as I said it’s all very confusing will leave things as they are.

Another question then.

On due course if I go bs k to work for 16hrs my esa cb would stop I know that.

But would Paul still be claiming as a couple ? Even though I’m working ?

Would his money go back up ??

would any earnings I Make be taken off his money too ??

What is the agreed hours I can work without it affecting partners money ??

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6 years 6 months ago #199477 by Gordon
Ambo

If you are a couple then you are a couple!

Any pay that you receive will be deducted from your partners ESA(IR), I believe there is a disregard for the first £20/week. There are no hours that you can work that will not potentially effect your partners ESA.

If you work 24 or more hours a week then their payments will be stopped even if they are still entitled to payment.

Gordon

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

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