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TOPIC: incap stopped am i entitled to esa hubby works

incap stopped am i entitled to esa hubby works 7 years 9 months ago #13794

  • sarah finan
had ib stopped oct been told to go for esa while wait for appeal now saying dont qualify not capable of work is there anything for people in this situation any advice be helpful

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Re:incap stopped am i entitled to esa hubby works 7 years 9 months ago #13807

sarah
finan wrote:

had ib stopped oct been told to go for esa while wait for appeal now saying dont qualify not capable of work is there anything for people in this situation any advice be helpful


Can you clarify your post as I am difficulty understanding the content?

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

Re:incap stopped am i entitled to esa hubby works 7 years 9 months ago #13820

  • sarah finan
sorry about that im no good at this had my ib stopped oct i scored 14 points my doc said should av been alot more told to claim esa not entitled to any cause not paid enough and hubby works how can they stop money and put nothing in place i have explained to them that i am not capable of work any advice be helpful thanks

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Re:incap stopped am i entitled to esa hubby works 7 years 9 months ago #13849

As far as I know, IB is a contributory benefit, you only get it if you've earned enough and paid NI in certain tax years before you start your claim. (I am on IB myself.)

My understanding is that ESA can be either contributory or mean-tested. If you're making an ESA claim now, having been on IB for a long time, the relevant tax years will be different from when you started claiming IB, so it's quite possible that they are right and you're not entitled to contributory ESA.

With means-tested ESA your husband's income is taken into account - if he earns too much you don't get it. It might be worth asking CAB for a benefits check to see if there's anything else you can claim. (Tax credits??)

But for what it's worth I think it's important you get your IB back. Have you started an appeal?

I hope I haven't misunderstood your situation and this helps.

Elaine

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