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invalidity to incapacity now esa50
- macca7894
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6 years 5 months ago #200091 by macca7894
invalidity to incapacity now esa50 was created by macca7894
Hi all, having worked in heavy industry as a fitter since aged 16 years old,for 20 plus years, after a bad accident at work i was placed on invalidity benefit, then transferred to incapacity benefit,i have been to several assessments for work capability, now i have been sent an esa50 form to fill in.My question is with all the changes that has been made to this benefit, is there any point me filling the form in as i have a private pension of 105 pounds per week and savings of just over the 16,000 pound limit, i live with my wife who has a small pension of 20 pounds per week would i be entitled to esa based on this. I am aged 62 and my wife is aged 61. Many thanks for any help with this.
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6 years 5 months ago - 6 years 5 months ago #200109 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic invalidity to incapacity now esa50
Macca
Have you been invited to claim ESA as a replacement for your Incapacity Benefit?
Providing this is a continuous claim of Invalidity Benefit -> Incapacity Benefit -> ESA then you will be entitled to Contribution Based ESA, this being the case then you will receive Contribution Based ESA which is not effected by your income (see below) or savings.
The exception to your income is any pensions that you receive. There is an £85/week disregard followed by £1/week deduction for every £2 of pension in excess. So if your pension is £105 then there will be a £10 deduction from your ESA (£105 - £85 = £20 / 2 = £10).
Unless your pension is currently disregarded under your IB, in which case it will continue to be disregarded under ESA.
Please use our ESA Claim guides to help you complete the ESA assessment form (ESA50).
www.benefitsandwork.co.uk/help-for-claimants/esa1
If you have any further questions then reply to this post and we will do our best to help.
Gordon
Have you been invited to claim ESA as a replacement for your Incapacity Benefit?
Providing this is a continuous claim of Invalidity Benefit -> Incapacity Benefit -> ESA then you will be entitled to Contribution Based ESA, this being the case then you will receive Contribution Based ESA which is not effected by your income (see below) or savings.
The exception to your income is any pensions that you receive. There is an £85/week disregard followed by £1/week deduction for every £2 of pension in excess. So if your pension is £105 then there will be a £10 deduction from your ESA (£105 - £85 = £20 / 2 = £10).
Unless your pension is currently disregarded under your IB, in which case it will continue to be disregarded under ESA.
Please use our ESA Claim guides to help you complete the ESA assessment form (ESA50).
www.benefitsandwork.co.uk/help-for-claimants/esa1
If you have any further questions then reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 5 months ago by Gordon.
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- macca7894
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6 years 5 months ago #200122 by macca7894
Replied by macca7894 on topic invalidity to incapacity now esa50
Hi thanks for your reply. Yes i have been invited to claim ESA as a replacement to my Incapacity Benefit and it is a continuous claim. How long does the Contribution Based ESA apply for is it 12 months or ongoing.My pension is currently disregarded under my current IB. Does my wife have to claim seperately or is there a transitional protection as i get a payment for her at the moment and is my old invalidity additional pension based on my earnings protected Many thanks for any help.
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6 years 5 months ago #200141 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic invalidity to incapacity now esa50
Macca
If you are placed in the ESA WRAG then your ESA(CB) will only receive payments for 365 days, if the Support Group then there is no time limit.
ESA does not include specific payments for a partner, however, if you are also entitled to Income Related ESA then you will receive the couples rate and possibly some ESA premiums, however, I think that your pensions may prevent payment of this.
Be aware, record keeping for Invalidity Benefit and Incapacity Benefit was very poor and the DWP may not be aware of your pension payments, it may be worth your raising the issue with the DWP now.
Gordon
If you are placed in the ESA WRAG then your ESA(CB) will only receive payments for 365 days, if the Support Group then there is no time limit.
ESA does not include specific payments for a partner, however, if you are also entitled to Income Related ESA then you will receive the couples rate and possibly some ESA premiums, however, I think that your pensions may prevent payment of this.
Be aware, record keeping for Invalidity Benefit and Incapacity Benefit was very poor and the DWP may not be aware of your pension payments, it may be worth your raising the issue with the DWP now.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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