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Confusion over ESA award
- wotnot
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5 years 9 months ago #214280 by wotnot
Confusion over ESA award was created by wotnot
Hi I hope someone can help me as I’m very confused. I was migrated over from IB to ESA around 2012 and was placed in the Support Group where I have remained. My husband is self- employed so that he can work from home to care for me when I need it. As a consequence his profit has been very low. I have always been clear on all forms to the DWP that he works and, to be on the safe side always said he works 30+ hours a week to make sure we don’t break the 24 hour work rule for partners as when I am well he can indeed do that.
I received a letter from the council yesterday stating that they have checked and that I am actually on IR ESA and not CB. I have checked my letters and it is so confusing. I spoke to the DWP yesterday and I’m waiting for a call back as the guy I spoke to couldn’t work out what was going on. I’ve always been upfront with the DWP as I’m terrified of falling foul of their rules. Could it be because his profits are so low? I get PIP enhanced mobility and standard care and I get the disability premium. Hope this isn’t too confusing and that someone can help me as I’m worried sick I’ve somehow broken the rules without even knowing it.
I received a letter from the council yesterday stating that they have checked and that I am actually on IR ESA and not CB. I have checked my letters and it is so confusing. I spoke to the DWP yesterday and I’m waiting for a call back as the guy I spoke to couldn’t work out what was going on. I’ve always been upfront with the DWP as I’m terrified of falling foul of their rules. Could it be because his profits are so low? I get PIP enhanced mobility and standard care and I get the disability premium. Hope this isn’t too confusing and that someone can help me as I’m worried sick I’ve somehow broken the rules without even knowing it.
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- Gordon
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5 years 9 months ago #214294 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Confusion over ESA award
wotnot
The council may believe that you are entitled to Income Related ESA but based on your post you are not entitled to it.
If you were on Incapacity Benefit then you will have been transferred to Contribution Based ESA and your statement to the DWP that your husband was working for 30 hours a week would have prevented any payment of an ESA(IR) amount even if you were eligible for it.
Do you receive Housing Benefit? My concern is that you may have been overpaid this if your Local Authority believes that you are entitled to ESA that you are not.
Gordon
The council may believe that you are entitled to Income Related ESA but based on your post you are not entitled to it.
If you were on Incapacity Benefit then you will have been transferred to Contribution Based ESA and your statement to the DWP that your husband was working for 30 hours a week would have prevented any payment of an ESA(IR) amount even if you were eligible for it.
Do you receive Housing Benefit? My concern is that you may have been overpaid this if your Local Authority believes that you are entitled to ESA that you are not.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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