ESA contributions based

shirlgirl2004

I claim ESA for someone who is permanently disabled. The individual is in a nursing home and gets DLA higher rate mobility. The individual last worked about 3 1/2 years ago when he had his own business. After he became disabled his business was closed. It took about 18 months to finalise his accounts, I don't think extra NI was paid but TBH it was all a bit of a blur what with everything else to worry about.

One year after he became disabled I claimed benefits on his behalf at the insistence of the Court Of Protection. He received ESA for a year and then it stopped. I assumed this was because as he has huge savings he was not entitled to income based and it had been more than 2 years since he worked and therefore was not entitled to contributions based. I have now received a letter telling me he's entitled to ESA at a higher rate from April 2012 and on checking his bank account he has been paid almost £4,000 in ESA last week.

I tried calling them and spent 1/2 an hour in a queue. I gave up, this will cost me a fortune and I don't get paid for it!

Should he be entitled to 2 years ESA as opposed to getting it based on the last 2 years contributions? I could just leave it and wait for them to ask for it back because he doesn't need to spend it. Would that be considered fraud? Obviously I don't want to commit fraud but am too busy to spend hours on the phone and if I mean to write a letter it won't get posted. Thanks for any advice.

sammyjammy

Obviously the only way to know for sure is to speak with them, however it sounds to me as if some kind of mistake has been made and this person is actually in the Support group for ESA. If this is the case then contributions based ESA is paid indefinitely. Its only limited to one year for those in the Work related group.

For how long has he not been paid? Does the £4000 that's been paid in cover that whole period?

shirlgirl2004

Thanks I didn't realise contributions based had different rules depending on the group you are in. As he is in the support group he is obviously entitled to ESA. The figures don't add up though as he hasn't had it for about 18 months so it should be roughly £7,500 he's owed but TBH he doesn't need it and given a choice I wouldn't even claim it so I'll keep quiet. Thanks for clearing that up for me.