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    • sailpete
    • By sailpete 5th Oct 17, 2:34 PM
    • 4Posts
    • 0Thanks
    sailpete
    ESA(CB) help
    • #1
    • 5th Oct 17, 2:34 PM
    ESA(CB) help 5th Oct 17 at 2:34 PM
    Any help appreciated please.

    I started getting ESA (CB) support last year and was placed in the support group. After 9 months I started to get back to some permitted work. In May I informed the ESA helpline that I would be increasing my hours worked meaning I no longer qualified for ESA under the permitted work limits. Pretty much immediately after increasing work, I realised I was not ready and so called them back to re-establish my ESA payments just one week after my previous call.

    Since then I have been battling with the DWP to get back onto ESA (CB) support. They demanded I start a new claim, which they then silently closed. After hearing nothing for a while I chased them and they now say I'm in a UC area so are not interested in me. The UC guys are saying as I don't qualify for IR support, I need to submit a new style ESA (CB) claim.

    Every time I called the ESA helpline I came away weary and despondent. So considerable time has passed and I'm feeling pretty exhausted with it all.

    Any help is much appreciated to contact the right department and get the entitled support.

    Many thanks
Page 2
    • bspm
    • By bspm 8th Oct 17, 5:01 PM
    • 435 Posts
    • 667 Thanks
    bspm
    i don't know if that is for me ? and i don't understand as you refer to me (if so) as "new" but then say "months ago" (which doesn't make sense) ("months ago is not new")

    if it was at me, i am annoyed because i believe him to be wrong, and when questioned he has wormed out completely, and now even to the point is posting about website settings ? (nothing to do with the thread / discussion / help etc)

    the OP is enquiring to get benefit re-instated, i have been trying to help him, epitome is seemingly only interested in massaging his own ego and avoiding anything that suggests he may be wrong.
    Originally posted by Bananas123


    No Bananas123 my angel it was not directed at you.

    Totally agree.

    He/She is DWP i believe, just a short story....we are trying to claim ESA CB in an UC area, I am ex DWP my friend is still DWP....we were unsure what to do as have been given three different options by three different call handlers so we thought....we know what to do, we will call a couple of friends who have transferred to UC and ask...the first one said 'but you can't claim CB ESA if you work surely?

    We did not call anymore, so, even with all the training given (4 weeks) then, live facing clients on the second day a good many of them have no idea.
    Last edited by bspm; 08-10-2017 at 5:06 PM.
    • bspm
    • By bspm 8th Oct 17, 5:11 PM
    • 435 Posts
    • 667 Thanks
    bspm
    Bananas, given their description I expect bspm is talking about epitome, not yourself.

    (Why does predictive text try to change bspm to bdsm? )
    Originally posted by IAmWales
    You have discovered my passion!
    • sailpete
    • By sailpete 8th Oct 17, 5:41 PM
    • 4 Posts
    • 0 Thanks
    sailpete
    I am grateful to the advice and assistance given by all posters here. I will call the helpline tomorrow after which I shall undoubtedly have a few questions though can hopefully answer more!

    In the meantime, to answer a few questions from above and a little clarification.

    I was on ESA CB and had 0.00 for IR as I am not entitled to ESA IR. My area did not move onto UC until June which is after the problems started in May.

    When I call the ESA helpline, what is the best way of dealing with "you are in a UC area and must phone them." ?

    Claim 1 started payments from 19 Sept 2016, last day of work was 10 Sept 2016. Payments continued to 12 May 2017. NI and tax up to date to 5 Apr 2016. Yes, after the week I exceeded 16 hours I reduced my hours/earnings again to below the weekly permitted earnings limit because it had been a mistake to increase them.

    BTW, could someone explain how permitted earnings work for a self employed person whose earnings are not regular. I have asked the DWP without success. I have also read about averaging but never found a definition of how averaging should work. Also, how to convert from gross earnings to net especially as I'm unlikely to breach the lower tax limit this year. Perhaps someone can tell me from the following gross earnings? These assume Monday is the first day of the week.

    wk GROSS
    10 67.50
    11 0.00
    12 87.50
    13 115.00
    14 112.50
    15 82.50
    16 7.50
    17 25.00
    18 43.75
    19 307.50
    20 0.00
    21 82.50
    22 135.00
    23 128.75
    24 320.00
    25 135.00
    26 215.00
    27 140.00
    28 335.00

    week 19 (8-14 May 2017) was the only week exceeding 16 hours. I believe weeks 22 and 23 are within the permitted earnings because they are below 120 after tax and NI, but does that apply if I am below the income tax threshold for the year? I have not deducted any expenses in these figures, even though the work has incurred allowable self employed expenses. Week 24 in isolation is again over the permitted limits and begins the start of increasing my work until I had to return to hospital again on 21st August followed by 7 weeks more unable to work.

    Thanks for you continued help.
    • epitome
    • By epitome 8th Oct 17, 6:02 PM
    • 2,873 Posts
    • 1,778 Thanks
    epitome
    I was on ESA CB and had 0.00 for IR as I am not entitled to ESA IR. My area did not move onto UC until June which is after the problems started in May.
    Originally posted by sailpete
    Ok so as I said in Posts above ask for a call back from New Claims to explain to you why 'claim 2' was either never processed or why it was closed... The ESA enquiry line should really be able to tell you this, but ask for a call back to confirm and then ask them for a Written Statement of Reasons why it was not processed/closed

    When I call the ESA helpline, what is the best way of dealing with "you are in a UC area and must phone them." ?
    They will not say that to you, as you are enquiring about a claim you made to ESA. The only ones who say that are the ESA New Claim Applications telephone line 08000556688 < you will not be phoning this number. you will be phoning 0345 608 8545. Even if they did say this to you, just insist that a handover requesting a call back is sent to ESA new claims..

    Claim 1 started payments from 19 Sept 2016, last day of work was 10 Sept 2016. Payments continued to 12 May 2017. NI and tax up to date to 5 Apr 2016. Yes, after the week I exceeded 16 hours I reduced my hours/earnings again to below the weekly permitted earnings limit because it had been a mistake to increase them.
    Ok if you phone UC helpline 0345 600 4272 and make a new claim to ESA Conts New Style... backdated to when you were last below the permitted work limits, as long as that is not more than 3 months ago. You have a good chance of qualifying for ESA CNS.

    BTW, could someone explain how permitted earnings work for a self employed person whose earnings are not regular. I have asked the DWP without success. I have also read about averaging but never found a definition of how averaging should work. Also, how to convert from gross earnings to net especially as I'm unlikely to breach the lower tax limit this year. Perhaps someone can tell me from the following gross earnings? These assume Monday is the first day of the week.
    I don't know, but I do know, that your claim should not have been closed without going to a Decision Maker with your earnings evidence, unless you asked for or agreed to it being closed there and then. That's why you need to ask for a Mandatory Reconsideration against the closing of your 'claim 1'

    week 19 (8-14 May 2017) was the only week exceeding 16 hours. I believe weeks 22 and 23 are within the permitted earnings because they are below 120 after tax and NI, but does that apply if I am below the income tax threshold for the year? I have not deducted any expenses in these figures, even though the work has incurred allowable self employed expenses. Week 24 in isolation is again over the permitted limits and begins the start of increasing my work until I had to return to hospital again on 21st August followed by 7 weeks more unable to work.

    Thanks for you continued help.
    Permitted work threshold is a net income of £115.50 (back in May 2017) so you should be providing detailed accounts, showing your Gross, and all expenses then your Net income figures. These should be provided with your Man Recon Letter.

    *please note, I am not saying you will be successful in your MR of closure of 'claim 1' it may be that the MR says your claim would have been disallowed from 08/05/17 anyway, so then you move on, and concentrate on why 'claim 2' was closed...

    *In regard to 'claim 2' if they indicate they will be re-opening it, make sure you tell them of your other high-work-period before they pay you the arrears.

    *You also move on and claim ESA CNS...because 'claim 2' should also have closed by now anyway, due to your work.
    Last edited by epitome; 08-10-2017 at 6:15 PM.
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