Employment and support allowance- help

Nicop89

Hi, I am working 15 hours a week and earning £90. My partner is the one claiming income related ESA. They have put it as joint as I am her partner. Before now we were recieving payments that were consistant but then they stopped. When we got it sorted out (So called computer error) it was less than what we were getting and our circumstances haven't changed. She is in the work related activity group. We are both over 18 and have no children. When asked why the money had changed without a letter being sent out or us been told, the woman we were speaking to said that they must have not taken my wages into account!!! We have always sent out the relevant information and have never missed any paperwork or interviews. Could this be right? If so how do they make this mistake for over a year? All this has put more stress on my partner as she is battling with her depression and finally thought she was going to make progress (As her counselling is coming up soon and she has a new doctor that is so helpful). I'm sorry if this is too long. Anyway what does the government state that a couple need to live on a week? I cannot find this information anywhere, bear in mind that I earn £90.
Thank you

Anubis_2

A couple is £105.95 per week. Here are rates for all benefits, so scroll down to ESA. http://www.hertsdirect.org/docs/pdf/b/benrate

Wiith ESA you can earn up to 95 per week, however, I think that may apply to the claimant only - your partner, not sure if it would include you, someone else would be able to say.


Put your details into entitled to, and see what it shows. https://www.turn2us.entitledto.co.uk/entitlementcalculator.aspx

Nicop89

Hi, thank you Anubis you have really helped us. I thought the job centre had got it wrong. Looking further into the £95 being allowed to be earnt it does include me as it is joint. I will get on to them Monday and hopefully see what has happened. Thank you once again you've helped us stop stressing so much God bless

Anubis_2

Did you input your details into the calculator? If not, put the figures in to see if the result agrees with the JC or you.

Anubis_2

As you say earning the 95 includes yourself, how long have you been working? Your partner is in the WRAG group - is this correct?

If so, and you have been working 12 months while on ESA then this is why your earnings are now being deducted from benefits below:

Permitted Work Higher Limit - you can work for a 52 week period if the work is for less than 16 hours a week and your earnings do not exceed £95 a week after deductions. Once a period starts even weeks when you do no work count towards the 52 week limit. After you have done 52 weeks work there must be a gap of at least 52 weeks before you can work again, whereupon another 52 weeks work is permitted.

You are only allowed to have those earnings ignored for 52 weeks. Then, they are calculated for a year, then ignored for a year and so on.

If your partner was in the support group, it would be indefinate - no break.

http://www.disabilityalliance.org/f35.htm

I am still trying to find confirmation that allowed earnings on ESA includes partners.

Cpt.Scarlet

Income Related ESA is claimed as a couple so any earnings that the couple have, are deducted from the ESA(IR).

Permitted work only applies to the person, in who's name the claim is in, so as it is the OP that works and not the claimant, this is not relevant

I think there is a £10/w disregard on a partners earnings, but I can;t find a reference.

Anubis_2

Cpt.Scarlet wrote: »

Income Related ESA is claimed as a couple so any earnings that the couple have, are deducted from the ESA(IR).

Permitted work only applies to the person, in who's name the claim is in, so as it is the OP that works and not the claimant, this is not relevant

I think there is a £10/w disregard on a partners earnings, but I can;t find a reference.

This is what I was trying to find - have you found anywhere that states this?

pmlindyloo

Nicop89 wrote: »

Hi, I am working 15 hours a week and earning £90. My partner is the one claiming income related ESA. They have put it as joint as I am her partner. Before now we were recieving payments that were consistant but then they stopped. When we got it sorted out (So called computer error) it was less than what we were getting and our circumstances haven't changed. She is in the work related activity group. We are both over 18 and have no children. When asked why the money had changed without a letter being sent out or us been told, the woman we were speaking to said that they must have not taken my wages into account!!! We have always sent out the relevant information and have never missed any paperwork or interviews. Could this be right? If so how do they make this mistake for over a year? All this has put more stress on my partner as she is battling with her depression and finally thought she was going to make progress (As her counselling is coming up soon and she has a new doctor that is so helpful). I'm sorry if this is too long. Anyway what does the government state that a couple need to live on a week? I cannot find this information anywhere, bear in mind that I earn £90.
Thank you

See my bolding please.

I think people have been answering the OP's question in 2 different ways believing

1. The claim for ESA is in joint names and the OP has been doing permitted work.

or

2. The claim is in the OP's partner's name and the OP has been working.

I think it is number two.

Bu I think the OP has gone away with the answers to number one. :eek:

I hope he comes back and can reassure us that it is indeed number one, otherwise he might be in for a big shock!

Cpt.Scarlet

Anubis wrote: »

This is what I was trying to find - have you found anywhere that states this?

???????????????? just Google Permitted Work.

For ESA(IR) the claimant can perform Permitted work and a partner can work up to 24 hours with any income deducted from the ESA(IR).

Anubis_2

Cpt.Scarlet wrote: »

???????????????? just Google Permitted Work.

For ESA(IR) the claimant can perform Permitted work and a partner can work up to 24 hours with any income deducted from the ESA(IR).

Yes I got that too, but still wasn't sure because, theoretically, if they are getting ESA as a couple, then they are both in receipt of ESA, and therefore they are both claiming ESA.

As we know the rules can often have exceptions, double meanings, so I was trying to find something that stated " only the person entitled to ESA on the grounds of sickness or disability is considered the person doing permitted work"

krisskross

Anubis wrote: »

Yes I got that too, but still wasn't sure because, theoretically, if they are getting ESA as a couple, then they are both in receipt of ESA, and therefore they are both claiming ESA.

As we know the rules can often have exceptions, double meanings, so I was trying to find something that stated " only the person entitled to ESA on the grounds of sickness or disability is considered the person doing permitted work"

No of course they aren't both claiming ESA!! One is claiming ESA and saying the other is a dependent. Totally different.

You keep doing this, posting stuff that you don't understand and in some cases completely misleading the OP.