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ESA and state pension mixed aged couple

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1 year 11 months ago #276711 by wolfchile
ESA and state pension mixed aged couple was created by wolfchile
I had an ESA single claim. I live with partner aged 69 I am under state pension age. I enquired with ESA about my Christmas bonus which I never receive each year and have to ring up about it which led to them doing an investigation of my benefits. They said I could have the Christmas bonus, but have looked at my claim and my partner is 69 and should have claimed State Retirement Pension. They suspended my claim. They now have made it a joint claim and reduced my payments by £185 per week for state pension. They have also removed a carer premium of £40 we get for caring for each other. It has left me with barely anything to live on.

They told me my partner needed to claim state pension within two weeks so that's what they did. This was five weeks ago and the pension is still in queue to be looked at. They haven't even given a figure of what the pension will be or when first payment will be despite repeated attempts to find out. It could take months with no money.

I also don't understand why the carer premiums was stopped. The DWP say it's because my partner has reached state pension age. As I said we care for each other and they have left my premium on for caring for my partner but removed the premium for caring for me as loss of £40 per week plus £185 per week plus deductions from benefit so hardly anything left.

I have tried to get benefits advice but there is nowhere to help. The Citizens Advice say they have no funding for casework and I even pay for a benefits advice subscription at £12 per month who also cant/wont give advice so nowhere.

At the time my partner was invited to claim their pension we asked advice what to to do from the DWP who told us to contact the Pension Service. They said my partner could defer the pension as long as they wanted. They deferred because they were told they could do this. Both ESA and Pension were aware of this. Both were informed. It wasn't claimed because we wanted to avoid this very scenario i e. being left with no money and also the prospect of being forced onto Universal Credit a thing of deep fear for me for many reasons.

When I have contacted DWP (which takes several hours to get through and I struggle using the phone due to disability) all they say is they will email ESA team who will contact me in few days without saying when who never call or if they have called I am at hospital and can't answer the phone so I cannot get any further out of this nightmare.

I want to ask if the DWP can stop money for a pension not received yet? Clearly they are ready doing this but is there anything I can do. They are deducting money for a state pension that hasn't been received and don't know what amount will be. Also they are stopping £40 carers premium because of age. Is this correct?

I have been left with no money for food or to pay my energy bills which are £200 per month which means I have nothing to live on. I am already struggling with no access to mental health services as referrals keep being rejected. My health health is extremely bad and I have poor physical health being impacted severely because of this.

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1 year 11 months ago #276722 by Gordon
Replied by Gordon on topic ESA and state pension mixed aged couple
wolfchile

I answered this question from yesterday, albeit late, see

www.benefitsandwork.co.uk/forum/10-dla-e...ge-couple-esa#276675

Gordon

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1 year 11 months ago #276827 by wolfchile
Replied by wolfchile on topic ESA and state pension mixed aged couple
Gordon
The DWP have said they are deducting £185 for the State Pension my partner has applied for but not received yet so yes I suppose it is notional income. They say they are deducting the pension amount otherwise an overpayment would accrue when/if he eventually received pension. Yes this should have been claimed in 2018. I contacted DWP in 2018 to say a letter had been received by pension service inviting him to claim pension and would do I need to do regarding my ESA. They said to take it up with pension service who said it could be deferred. They were aware of the ESA situation. One department referred me back to the other.
So DWP are taking pension from ESA. Pension service say they haven't even begin to look at claim as huge backlog.
DWP have stopped his half of carer premium as well. They have deducted £40. I asked them about an underlying entitlement to Carer premium. They said its not for State Pension age people.

I cannot get advice anywhere. Going out of town no use as advice services get funded to only help people who live in their catchment area and won't help me as I don't live in borough. No citizens advice here. Next town won't help as not in area. Basically al I have review is signposting to my MP who won't help and this is too much for me to handle u don't understand I am autistic with mental health problems.

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1 year 11 months ago #276860 by Gary
Replied by Gary on topic ESA and state pension mixed aged couple
Hi wolfchile

You do need to seek advice from a Welfare Rights Organisation as suggested by Gordon, as your situation is quite complex. 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

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1 year 11 months ago #276885 by wolfchile
Replied by wolfchile on topic ESA and state pension mixed aged couple
There is no welfare rights organization I had said in my post. There is nowhere at all. I haven't asked about notional income I asked about money being deducted for pension not received. Using the forum was the whole reason I joined benefit and work. Not for a telling off. I haven't had anyone answer my question.

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1 year 11 months ago - 1 year 11 months ago #276889 by Gordon
Replied by Gordon on topic ESA and state pension mixed aged couple
wolfchile

The DWP's position is that the pension should have been in payment since 2018, as it wasn't and still isn't they are deducting Notional Income from your claim.

As to your getting Welfare Advice, have you actually contacted the advice centre in the other town, even if they cannot help you themselves they should be able to refer you to an organisation that can. Have you checked the links that both Gary and I have posted re finding advice?

It is really important that you get advice, we cannot provide any meaningful help on the forum because your situation is too complicated and too serious for us to do so. A rough calculation suggests that you may owe the DWP a significant amount of money.

Gordon

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Last edit: 1 year 11 months ago by Gordon.

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