re 12 month limit of ESA contribution base

ash wrote:

It is not as simple as the partner reducing their hours the means test for ESA looks at income as well.

It's about £150 a week and working > 24hours.

pete17971 wrote:

Gareth wrote:

Having looked into this and received correspondence from the ESA Policy Team (via my MP) it would appear that at the end of one's one year on CB ESA (if placed in the WRAG) provided there is a gap of 12 weeks then one can submit another claim for CB ESA.

Hi Gareth,

That's interesting.

So, are they saying after the 12 week gap one reclaims ESA and if successful in the WRAG restarts another 12 months of ESA WRAG (Contrib) and then the whole process goes round again?

It seems a bit too good to be true to be honest!!

Pete

I can only convey what I've been told by my MP via the ESA Policy Team. I can copy what they emailed me if you would like to read it.

Gareth wrote:

pete17971 wrote:

Gareth wrote:

Having looked into this and received correspondence from the ESA Policy Team (via my MP) it would appear that at the end of one's one year on CB ESA (if placed in the WRAG) provided there is a gap of 12 weeks then one can submit another claim for CB ESA.

Hi Gareth,

That's interesting.

So, are they saying after the 12 week gap one reclaims ESA and if successful in the WRAG restarts another 12 months of ESA WRAG (Contrib) and then the whole process goes round again?

It seems a bit too good to be true to be honest!!

Pete

I can only convey what I've been told by my MP via the ESA Policy Team. I can copy what they emailed me if you would like to read it.

Hi Gareth,

Yes if you could, it would be much appreciated. Or if you would rather not post it on the forum if it contains anything personal etc, could you forward a redacted version to Steve?

Cheers

Pete

I know that within a couple of weeks this comes to its next reading, but there is ( I think) more to come before it is law. What if a claimant spent their over the limit savings before the law is made. Could they argue that the notional capital/income rules do not apply as at the time of the expenditure the means testing of their benefit was only a proposal, not yet law ?
and does anyone think this law is likely to be signed and sealed in the very near future and with a one year limit ? One womders whether some concession might be prised out
BTW, a bit off topic here, but professor Harrinmgton was on the radio this lunchtime He thinks big changes are underway and for the most part the Decision Makers are no longer 'rubber stamping; ATOS reports

If you spend your savings with the primary intention of becoming eligible for benefits, then those savings can be taken into account when considering eligibility for benefits even if you spent them before you claimed any benefits or the relevant benefit.

However, if you spend the money and it is for some reason other than to become eligible for one or more benefits, then that is not a problem.

Yes, I agree b that is the case for benefits with an operational rule in force, , but I wonder if the person spends the savings in relation to a means test that will only apply to them 'if' it becomes law ( it isnt yet) then I would have thought they could not have the notional rule applied to them.... in just the same way that there are tax 'avoidance (legal) loopholes that people take advantage of

Basically, if there is no current means test on what is now a non time limited non means tested benefit then why should the person not spend their money as they see fit ?