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Process For Going Back Onto ESA Due to £16,000?
- grace
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2 years 3 months ago #273988 by grace
Process For Going Back Onto ESA Due to £16,000? was created by grace
Hi there
I had to go off income-based ESA (SG) because I received income that took me above £16,000. At the beginning of November my income will deplete back down to £16,000. I am trying to find the smoothest, least stressful (to my body/head) way of doing this – any help would be so appreciated.
I obviously need to send in to ESA my bank statements as of the relevant November date to prove my income has depleted to £16,000 or below. But because ESA payments are adjusted according to how much income we have (between £16,000-£6,000), I supposedly need to keep sending in bank statements? Am I right in thinking that they deduct £1 from ESA for every £250 worth of income? So in theory that would mean that every time I spend £250 I would need to send in bank statements so that they could adjust my next fortnightly payment by £1…which is ridiculous, not to mention exorbitant with Recorded Delivery costs. A local benefits adviser said that ESA would have a process for this even if they don't offer it to me, that I need to request a system…and that I need to be organised with this system because ESA won't backdate in this context. What does such a system/process look like that I need to request?
I had to go off income-based ESA (SG) because I received income that took me above £16,000. At the beginning of November my income will deplete back down to £16,000. I am trying to find the smoothest, least stressful (to my body/head) way of doing this – any help would be so appreciated.
I obviously need to send in to ESA my bank statements as of the relevant November date to prove my income has depleted to £16,000 or below. But because ESA payments are adjusted according to how much income we have (between £16,000-£6,000), I supposedly need to keep sending in bank statements? Am I right in thinking that they deduct £1 from ESA for every £250 worth of income? So in theory that would mean that every time I spend £250 I would need to send in bank statements so that they could adjust my next fortnightly payment by £1…which is ridiculous, not to mention exorbitant with Recorded Delivery costs. A local benefits adviser said that ESA would have a process for this even if they don't offer it to me, that I need to request a system…and that I need to be organised with this system because ESA won't backdate in this context. What does such a system/process look like that I need to request?
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2 years 3 months ago #273999 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Process For Going Back Onto ESA Due to £16,000?
Hi grace
I hate to be the bringer of bad news but IR ESA is not available to new claimants, you now have to apply for UC unless you qualify for NS ESA.
You need to contact your local Welfare Rights Organisation, who can take all your circumstances into consideration; you can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk
Gary
I hate to be the bringer of bad news but IR ESA is not available to new claimants, you now have to apply for UC unless you qualify for NS ESA.
You need to contact your local Welfare Rights Organisation, who can take all your circumstances into consideration; you can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- grace
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2 years 3 months ago #274028 by grace
Replied by grace on topic Process For Going Back Onto ESA Due to £16,000?
Sorry, I’m struggling with cognitive fatigue/brainfog…after reading your reply I realised I had forgotten to mention:
I had ensured that when I informed ESA of my increased income that they confirm to me in writing that they would leave my ESA case open (because I wanted to avoid having to start from scratch with UC), which they did – and they gave me a specific office/address to write back to them when my income increased again. Presumably they understood from my ESA history and last DLA award that my illness/disability is long-term and therefore granted this? But who knows whether they will honour this promise. I will obviously include a copy of this letter of theirs when I write to them early November, but does anyone have experience of or know what this process looks like that I am supposed to request (in order to not have to send in bank statements every time my income depletes by £250)?
I had ensured that when I informed ESA of my increased income that they confirm to me in writing that they would leave my ESA case open (because I wanted to avoid having to start from scratch with UC), which they did – and they gave me a specific office/address to write back to them when my income increased again. Presumably they understood from my ESA history and last DLA award that my illness/disability is long-term and therefore granted this? But who knows whether they will honour this promise. I will obviously include a copy of this letter of theirs when I write to them early November, but does anyone have experience of or know what this process looks like that I am supposed to request (in order to not have to send in bank statements every time my income depletes by £250)?
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- Gordon
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2 years 3 months ago #274042 by Gordon
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Replied by Gordon on topic Process For Going Back Onto ESA Due to £16,000?
grace
I'm afraid I have to agree with Gary.
Exceeding the £16,000 limit terminated your ESA claim and as you can no longer make a new claim for ESA on the basis of your financial situation your only option is to claim Universal Credit.
In this situation you continued to have your Limited Capability for Work and so should not need to be reassessed if you claim UC and you retained your right to receive NI Credits, it may of been these that the DWP meant when they spoke to you.
Gordon
I'm afraid I have to agree with Gary.
Exceeding the £16,000 limit terminated your ESA claim and as you can no longer make a new claim for ESA on the basis of your financial situation your only option is to claim Universal Credit.
In this situation you continued to have your Limited Capability for Work and so should not need to be reassessed if you claim UC and you retained your right to receive NI Credits, it may of been these that the DWP meant when they spoke to you.
Gordon
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2 years 3 months ago #274063 by grace
Replied by grace on topic Process For Going Back Onto ESA Due to £16,000?
Gordon, I chuckled when I read that you wondered if I’d imagined this letter/mistaken its content for NI credits.
What took me above £16,000 was an inheritance that was left to me, and it was made in 2 payments with some time in between them, ie my income depleted to below £16,000 at a point after the first inheritance payment and before the second inheritance payment. I have the letter (that I mentioned in my last message) in front of me and I’m going to type some of it:
“I can confirm that your ESA claim has remained ‘live’ from [date], and you have continued to receive National Insurance credits.
[Apart from the address at the top, which isn’t my usual ESA benefit office’s address] I can also confirm our Freepost address is […].
I have now reinstated your payments following the reduction in your inheritance which now stands at [£…]. Please notify us asap when you receive the remainder of your inheritance.”
Apart from this letter proving that ESA claims can remain open when income goes above £16,000, I also have the personal experience (and I guess evidence) of my bank statements showing my ESA payments reinstated before the second inheritance payment. I was surprised that B&W moderators are unaware of this possibility because the way I found out about it a couple years ago was from other disability advice forums. That’s where I got the idea to write to ESA and insist that my claim remain open.
So back to my questions, like I wrote in my first message a local benefits adviser said that ESA have a system so that claimants in this situation don’t have to send in their bank statements every time our income depletes by £250 or monthly for argument’s sake (which is what I did previously, not knowing that ESA had a system to make this easier/smoother for me because they never volunteered it). That ESA don’t volunteer the system; we have to ask for it but she didn’t tell me what the system looks like. They are difficult to get through to which is why I was hoping to get answers here.
What took me above £16,000 was an inheritance that was left to me, and it was made in 2 payments with some time in between them, ie my income depleted to below £16,000 at a point after the first inheritance payment and before the second inheritance payment. I have the letter (that I mentioned in my last message) in front of me and I’m going to type some of it:
“I can confirm that your ESA claim has remained ‘live’ from [date], and you have continued to receive National Insurance credits.
[Apart from the address at the top, which isn’t my usual ESA benefit office’s address] I can also confirm our Freepost address is […].
I have now reinstated your payments following the reduction in your inheritance which now stands at [£…]. Please notify us asap when you receive the remainder of your inheritance.”
Apart from this letter proving that ESA claims can remain open when income goes above £16,000, I also have the personal experience (and I guess evidence) of my bank statements showing my ESA payments reinstated before the second inheritance payment. I was surprised that B&W moderators are unaware of this possibility because the way I found out about it a couple years ago was from other disability advice forums. That’s where I got the idea to write to ESA and insist that my claim remain open.
So back to my questions, like I wrote in my first message a local benefits adviser said that ESA have a system so that claimants in this situation don’t have to send in their bank statements every time our income depletes by £250 or monthly for argument’s sake (which is what I did previously, not knowing that ESA had a system to make this easier/smoother for me because they never volunteered it). That ESA don’t volunteer the system; we have to ask for it but she didn’t tell me what the system looks like. They are difficult to get through to which is why I was hoping to get answers here.
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2 years 3 months ago #274071 by Gordon
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Replied by Gordon on topic Process For Going Back Onto ESA Due to £16,000?
grace
I'm afraid I do not agree that the letter says that your ESA remains live even if the letter actually says so, the letter does not supersede the law as enacted.
NI Credits are not paid under the ESA legislation but rather under National Insurance law, there is no requirement for a "live" ESA claim for NI Credits to be paid, only that the claimant retains their LCW status.
Historically, before UC, someone in your situation would have been able to reclaim ESA(IR) seamlessly, now you can only do this if you were also entitled to ESA(CB) as this does keep your ESA claim live but you have not mentioned this.
You don't mention the date when your ESA was first reinstated there are dates when this would have been no longer possible.
Ultimately you can argue your point with the DWP, let us know how you get on.
Gordon
I'm afraid I do not agree that the letter says that your ESA remains live even if the letter actually says so, the letter does not supersede the law as enacted.
NI Credits are not paid under the ESA legislation but rather under National Insurance law, there is no requirement for a "live" ESA claim for NI Credits to be paid, only that the claimant retains their LCW status.
Historically, before UC, someone in your situation would have been able to reclaim ESA(IR) seamlessly, now you can only do this if you were also entitled to ESA(CB) as this does keep your ESA claim live but you have not mentioned this.
You don't mention the date when your ESA was first reinstated there are dates when this would have been no longer possible.
Ultimately you can argue your point with the DWP, let us know how you get on.
Gordon
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