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Contribution ESA and my husband retiring.

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1 year 7 months ago #280410 by Kitkat2
Hi everyone

I am hoping someone can help me find out where I stand regarding my benefits. I am in a dilemma. I am on contribution only ESA and am in the support group. My husband retires within days. He is a nurse and has worked in the NHS most of his working life. He has paid into superannuation most of this time, He will be retiring with a lump sum and will receive a small pension.

I had a conversation with someone within CAB at the end of last year about my situation. They were very busy and didn't feel they had the knowledge to help me. They spoke to one of their more experienced colleagues who felt that although in theory my benefits should not be means tested due to me being on contribution only ESA, once I inform the benefits agency about my husbands retirement and lump sum they would treat it as a change in circumstances. They thought the benefit agency would try to move me over to the newer benefits which would be means tested. She did tell me however that there are certain things that we can use the lump sum for which would be disregarded by the benefits agency. One example was paying off our mortgage. If we did this we would still be above the 16,000 allowed before they could stop my benefits completely. Does anyone know what else can be disregarded? We live in an old house that is in desperate need of new windows and a new kitchen and other repairs.

We were going to use the lump sum to sort out the house and live on his small pension and my ESA. The girl at the CAB felt that if we did that the benefit agency would stop my benefit as it would be seen as wilfully spending the money to get below the 16,000.

I am really worried about what to do and hope someone can give me a bit of advice. Any help would be greatly appreciated.

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1 year 7 months ago #280419 by Gordon
Replied by Gordon on topic Contribution ESA and my husband retiring.
Kitkat2

You have been advised incorrectly!

Providing you are only receiving Contribution Based ESA and there is no Income Related top-up, then this is your claim and only your claim, any income and savings that your husband will not affect your ESA(CB).

I can see no specific requirement for you to notify the DWP that he has reached State Retirement Age but even if you do then doing so would not require a move to another benefit.

How he disposes of any lump sum, even if it is to pay off a mortgage in both your names will have no impact on your ESA.

Gordon

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

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1 year 7 months ago #280426 by Kitkat2
Replied by Kitkat2 on topic Contribution ESA and my husband retiring.
Hi Gordon

Thank you for your reply.

I am fairly confident I am only on contribution based ESA. CAB insisted I should let DWP know when my husband retired or I could be in trouble, is this not the case? I would prefer not to contact them if I don't need to.

The person I spoke to did not usually deal with ESA and said that my being on IB prior to ESA complicated things. I felt very confused after speaking to them. I really appreciate your help in this matter.

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1 year 7 months ago #280445 by Gordon
Replied by Gordon on topic Contribution ESA and my husband retiring.
Kitkat2

I think the key to this may be "The person I spoke to did not usually deal with ESA".

Having been on IB does not complicate things as you are no longer claiming it, just ESA!

I can only repeat what I said before, your husband claiming the State Pension has no impact on your ESA claim, there is no need for you to notify the DWP, providing you are only receiving ESA(CB) only.

Gordon

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

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1 year 7 months ago #280455 by Kitkat2
Replied by Kitkat2 on topic Contribution ESA and my husband retiring.
Thanks Gordon for your reply.

My husband is doing what is termed as retire and return with the NHS. So he is now 60 and is technically retiring from his post but is returning in the same capacity on the same ward at the same grade of pay but will work 2 days a week. As he has technically retired he will receive his lump sum and will no longer pay superannuation.

I appreciate your clear understanding of the benefit system and am so thankful of this site.

Thank you for your help thus far.
The following user(s) said Thank You: Gordon

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