A fresh start

Seaxwyn

Thanks EE, I will check the letter. Thanks for clarifying. It is confusing because the forms from the schools say receiving ESA (Employment Support Allowance?) entitles you to free meals. He is out this evening but tomorrow I will get the letter from him and I will contact you if any confusion.

Eager_Elephant

Sorry Seaxwyn I got confused, I thought DH was claiming JSA and not ESA.

Same principles apply except you can have ESA (contribution based) for an unlimited time but from April 2012 it will be for 12 months maximum so if when next April comes round your DH is still on it it will cease with immediate effect.

The letter from school will be confusing as some of them do not understand the difference between contribution based and income based.

If your DH is on ESA he will be expected to go for a Work Capability Assessment (medical) after 12 weeks to see if he fits the criteria, he will have to score points for different things and needs to get 15 points to pass.

I can bet you all the money in the world he will not pass as not many people do, he will then have to appeal the decision which in turn keeps the money coming in but then he will have to go to Tribunal (takes over 12 mths due to amount of people appealing) with evidence etc.

May be best not to tell him the last part but thought you should know for when it happens.

Just make sure you check the letter to make sure you are not being overpaid.

EE

Seaxwyn

Hi again Eager Elephant. I asked OH about his claim and he said that it is income-based. When I questioned his entitlement he said that his understanding is that because he is over 60, his partner's income was not taken into account. Does that sound right?

He filled in the forms and sent them to the schools yesterday and seems convinced we will get the free lunches.

I am anxious now as I don't want him claiming anything he is not entitled to. We had to pay back thousands of pounds of tax credits a few years ago and I really don't want to be in that position now.

Do you think I should go to the benefits office with him and question all this? I am sure he has only given them accurate information, and as it has taken months to get to this point I will be upset if it turns out to be wrong and we have to go back to square one.

Eager_Elephant

Hi

I am really sorry if this upsets you but when a benefit is income based it has to based on the income into the household of the couple so your wages should be taken into account. This is for any age even those over 60.

Obviously I do not know how much you earn but I assume after tax and NI it is more than £200 per week, if this is the case your family would not get any income related benefits. (except child tax credit unless you earn £58,000+)

Sometimes the letters can be confusing and indicate one type of benefit when it is really the other. Prehaps you could check the letter and see if it mentions that the award is based on contributions paid as supposed to the award is based on your household income.

Normally you would have had to send in wage slips as proof of income, if you have not done this then there appears to have been an error on the part of the Jobcentre especially if your DH said he was part of a couple.

Sorry

EE

Seaxwyn

My salary is 33500 and I get some tax credit. I will check his letter. Oh dear, I knew this was too good to be true. What do you suggest we do? Should we go back to the job centre? Or the CAB?
Will we have to return the £600 he has just received in back dated benefits?

Eager_Elephant

If your DH is receiving income based then obviously the right thing to do is to tell the Jobcentre that there has been an error. If your DH has omitted to tell them something then you will have to pay it back but if it is their error then you may be able to claim official error so you don't have to pay it back.

Alternatively you could do nothing but I am not sure that is in your nature

EE

Seaxwyn

Hi EagerElephant. Thanks so much for all your advice so far. I definitely don't want to let this drift and end up with a bill for wrong payments. I did give OH all my pay info to take to one of his numerous sessions at the job centre so there has definitely been no intention to deceive.

Anyway, he seems to be on contribution AND income based ESA. page 3 of the letter says 'The payment of ESA is based on your National Insurance Contribution records and any additional amount the law says you need to live on. We call this Contributory based and Income Related ESA.'

Meanwhile, one of the schools has accepted our claim for free dinners and DS gets his first dinner today. The other school has said they'll get back to us.

I think i will go with OH to his next signing on appointment, but do you think I should take action before this?

Thanks!

Eager_Elephant

I am a bit confused as to what benefit your DH is claiming, is he claiming Jobseekers Allowance where he has to look for work and where he has to sign on every fortnight or is he claiming Employment Support Allowance because he is too ill to work - if he is claiming this he will not have to sign on but will have to have a medical after 13 weeks???

Some people can receive contribution based and income based but only if their partner does not work or has a low income. For example your DH would be entitled to Jobseekers for a single person based on his contributions which is £65.45 per week (less any private pension), as you are a couple your applicable amount is approx. £202 per week so the difference is made up with benefits hence the income bit but of course as you have an income you are over the applicable amount.

With regard to free school meals, it appears that either they have not read the letter properly or it is wrong. As has been said before, with your income you earn too much to get free school meals so this part is definitely wrong.

If you would like to PM me with some figures that are shown on your DH's letter or anything like that I will try to see what is wrong or even if you scanned it in I could give you my email address (obviously without personal details on)

EE

Seaxwyn

He's getting ESA. First he applied for JSA and didn't get it because of my income. He then got referred by the doctor to an employment support service and they advised him to apply for ESA and basically did it for him. He already had the medical, so will he have another one in another 13 weeks?

The employment service is meant to be helping him to find work but so far they have only told him about one job and not helped him in any way.

I'll scan the form and PM you. thanks again!! I really appreciate your taking an interest in this.

Eager_Elephant

When you say he has had a medical do you mean he went to a Jobcentre office and sat down with a medical practitioner who talked through his illness and awarded him certain points depending on his illness or did he just fill in a form which said what was wrong with him?

The medical is done anything from 13 weeks after initial award of ESA, he will have to fill in an ESA50 form explaining more about his illness etc and then attend the medical. At the medical you have to score 15 points or more to be given extra ESA elements.

It is quite unusual for people to 'pass' the medical unless you are in treatment for cancer, have a terminal illness or currently live in a psychiatric hospital which is why so many people are having to appeal.

I will PM you my email address as it might be easier.

I won't be able to reply tonight as going to bed as I have an awful headache.

EE