No ESA because of War Pension?

JustSomeGeek

Hi folks,

I'm in a real mess atm and could do with some advice and/or info.

I have been judged fit for work by ATOS and been transferred to ESA.

My Income Support has been stopped and with it all the premiums that we had for having spec needs children and my wifes carers allowance.

Our Housing Benefit and Council Tax Benefit has also been stopped because of this.

The first ESA letter i had said i would get £0.00 a week. I then got another one a few days later saying i would receive £14.35 a week.

I haven't been paid anything since 23rd Sep.

I attended an interview at the Job Centre where i was told i wasn't getting any money because i had a War Pension. (Although i had Income Support and my WP was deducted from it, bar the £10 i was allowed to keep). I was also told that i was free to attend returning to work meetings but it would be voluntary. I usually need my wife to push my chair so i could only attend during school times.

I really struggle talking to most people as i also have Aspergers as well as other mental health problems. So i've tried to get some help from local advocates etc over the last few weeks, but they are all booked up for weeks to come.

I went to CAB, but i get the feeling that they don't really know what they are dealing with.

Any ideas?

Thanks!

bobajob_1966

Have you been judged fit for work or not? You would have been put on JSA if you were fit for work, not ESA, unless you are appealing the decision?

McKneff

How much is your war pension.

JustSomeGeek

bobajob_1966 wrote: »

Have you been judged fit for work or not? You would have been put on JSA if you were fit for work, not ESA, unless you are appealing the decision?

Thanks for the reply.

The letter says i have been placed in a Work Related Activity Group focussed on returning to work.

JustSomeGeek

McKneff wrote: »

How much is your war pension.

Thanks for the reply.

It's %40 which is currently £63.80 a week and Allowance for Lowered Standard of Occupation £58.32 i think.

Cheers.

bobajob_1966

OK, you have not been deemed fit for work, they have decided that you may be fit for some work in the future.

The war disablement pension is normally deducted from IB ESA (and IS), subject to a £10 disregard. Can you detail exactly what you were receiving on IS, and what you are receiving now? I trust you are in receipt of Tax Credits also? The new amount sounds correct, but it is not possible to tell without comparing the two amounts.

JustSomeGeek

bobajob_1966 wrote: »

OK, you have not been deemed fit for work, they have decided that you may be fit for some work in the future.

The war disablement pension is normally deducted from IB ESA (and IS), subject to a £10 disregard. Can you detail exactly what you were receiving on IS, and what you are receiving now? I trust you are in receipt of Tax Credits also? The new amount sounds correct, but it is not possible to tell without comparing the two amounts.

Our IS was £149.03 a week before deductions for Social Fund & Council Tax. We now get nothing at all. Is this what you wanted to know?

I know nothing about Tax Credits i'm afraid.

bobajob_1966

What do you receive for your children? Does your wife receive a payment for being your carer? Are you sure you do not receive any Tax Credits? If you don't, this is probably where the anomaly is from - you may have been receiving benefits within your IS for your children - these are now paid separately through TCs.

JustSomeGeek

bobajob_1966 wrote: »

What do you receive for your children? Does your wife receive a payment for being your carer? Are you sure you do not receive any Tax Credits? If you don't, this is probably where the anomaly is from - you may have been receiving benefits within your IS for your children - these are now paid separately through TCs.

I'm not sure what you are asking about for the kids. Did you mean from IS or Child Benefit, Kids DLA etc?

My wife receives Carers Allowance for our daughter, nobody claims it for me.

I seem to remember someone looking into Child Tax Credits last year sometime, but we would have been about £4 better off and it might have caused complications with other things.

I find it really hard to deal with the DHSS for the things we already have to sort out without having to take on something else as well. :-/

bobajob_1966

Can your wife not deal with this for you?

It is difficult to be sure based on the information given, but the most likely explanation is that your child premiums have been removed from your benefits, and you need to claim Child Tax Credits instead.

Jay_Tee

I think the problem is that the allowance for a "Lowered Standard of Occupation" can not be paid with ESA

"Allowance for lowered standard of occupation

This is similar to reduced earnings allowance in the Industrial Injuries scheme and is paid up to the same maximum rate of £58.32 a week. It is paid if your pensioned disablement is assessed at 40% or more and you are unable to follow your regular occupation or to do work of an equivalent standard because of your war pensioned disablement. You must be under age 65 when you claim, but once awarded it can be paid after age 65. This allowance plus your basic war pension cannot add up to more than the 100% rate pension.

You cannot get the allowance for the lowered Standard of Occupation at the same time as IB, ESA or Unemployability Supplement."

From http://www.dialdoncaster.co.uk/information/benefit-sheets/2335-war-disablement-pension