Esa3

hogan53

Hi Crew
My partner has received the above form...she has been deemed unfit for work by her GP for the last year....issued with fit notes.
She was switched from IB...JSA when she didn't pass the Atos assessment even on appeal.
365 days have passed i assume this benefit was NI contribution based.

Now this form looks as though it is income based,my income is £16,500 a year.
My partner as just turned 60 she has 3 small occupation pensions.
Will she be discriminated against because of my income?
Do we still have to fill in the ESA3 for my partner to receive NI contributions towards her State pension?
Regards
hoggie

Horseunderwater

Your income along with her occupational pensions will preclude her from getting IB JSA as your income will be above the £112.55 that the gov't deems is enough for a couple to live on. So no I would not bother filling in form ESA3. Providing that she has paid at least 35 years years in NI contributions then she will be OK for a state pension, but if you really wish to check you can ring the DWP pension forecast dept up and check.

epitome

Your post does not make a lot of sense you mention JSA = Job Seekers Allowance. You need to be clear what she did claim and what she was paid on appeal and if she has had a tribunal hearing?

This is what normally happens:
Someone on IB has a F/T working partner & goes through the IB/ESA migration process

That person fails ATOS assessment.
That person then appeals and submits sicknotes on appeal and is paid £71 per week for 1 year on appeal (or until the tribunal) on ESA.
After the reconsideration letter does not change the decision it goes to a tribunal.
Recon can take 6 months
Tribunal can take a further 6 months
When the tribunal is lost the weekly payments will stop and the claim is closed.

A new claim to ESA can be made (with sick notes) but for NI credits only. And subject to the 6 months rule.

Alternatively a claim for JSA can be made at any stage above and to start looking for work. But she will not be paid on JSA only get NI credits

Anyone with a fulltime working partner cannot get ESA IR or JSA IB, but they may keep their claim open for NI credits.
If she is currently on ESA, no she does not need to complete the ESA3 for the NI credits, but her claim will be closed when she loses at tribunal.

hogan53

Horseunderwater wrote: »

Your income along with her occupational pensions will preclude her from getting IB JSA as your income will be above the £112.55 that the gov't deems is enough for a couple to live on. So no I would not bother filling in form ESA3. Providing that she has paid at least 35 years years in NI contributions then she will be OK for a state pension, but if you really wish to check you can ring the DWP pension forecast dept up and check.

Thanks for the reply.
So what you are saying she will not be entitled to any support?
My income goes all on bills...its another slap in the face to hard working folk.
Christine has worked since she was 16 even when she had 2 children.
Now she has become ill and needs support there's no help for her.
Do you think i can claim working tax credits for her?
Cheers
hogan

epitome

hogan53 wrote: »

Thanks for the reply.
So what you are saying she will not be entitled to any support?
My income goes all on bills...its another slap in the face to hard working folk.
Christine has worked since she was 16 even when she had 2 children.
Now she has become ill and needs support there's no help for her.
Do think i can claim working tax credits for her?
Cheers
hogan

You need to be aware of what benefits she has claimed and when and tell us, otherwise you could be making mistakes which mean we give you incorrect advice.

When she finished work employed/self employed...? we need everything to advise you.

hogan53

Hi Crew
Thanks for trying to get to the bottom of this confusion.

This is the wording in this letter...from the Benefit Centre
Your claim for Employment and Support Allowance
Changes in the Employment and Support Allowance Rates Payable
From 9 April 2013 your ESA...will be £71.70 a week
We CANNOT pay you ESA...from 8 May 2013.
This is because you will have reached the maximum of 365 days that you can get contribution based ESA.

Is Christine gonna get ESA or not?

Horseunderwater

Did you not go to tribunal with this? You should have done. Not sure if you can now as you have left it a long time. Other may know if you can still go to tribunal level.
Also if she transferred from Incap Ben to ESA - she should have been paid her IB amount all through the migration and appeal stage not the £71.70, so they owe her money that way.
You state that your income is in the region of £16.5k gross - you can apply for working tax credits, it will not be much but you will get something. WTC only applies to the person who works. I assume you do 30+ hours so you'd get the basic element and the couple element and the 30+ hour element tapered by 41% would work out at approx £84 every 4 weeks. Get hold of a tax credit application pack now. Job centres have them, some libraries and council offices usually have them. It will take ages at this time of the year to get a pack sent out.

hogan53

Hi
Thanks for the reply.
She receive the letter last week.
Christine as been through the ATOS system and lost her appeal.
Is this not the same thing?

Tribunal?.....surely the DWP/Benefits Centre/Jobs Centre Plus,
should have advised Christine of her options...if she was going to be left penniless.
This is a mess....i will apply for Working Tax Credits.
What is she appealing against?being moved from Incapacity benefit to ESA.
If so she lost that appeal when she went for the second interview.
I have worked since i was 16...and haven't a clue how these systems work.
Can you advise me of her next step?
Thanks for your help.
Regards
hoggie

hogan53

Hi all
Been on the telephone to the Benefits Office... apparently Christine did lodge a appeal last May.
Now this is the scenario..
Because she has used up her 365 day allocation of contribution based ESA.
She will receive no financial/support help? until the Tribunal has made a decision.That came from the Benefits Office.
That's discriminatory and unfair...in my opinion.
We cant receive income based ESA because i work over 24 hours a week although im not on great money.
We don't have a mortgage thank god or we would really be up the creek without a paddle.
Is there any other avenues she can go down?
She has already lost out due to the increase in the retirement age 63 now for her.
Cheers
hoggie

Horseunderwater

Have you thought about claiming pension credit instead? That is payable to a female or male from 60 years old until state retirement is reached, but your income may preclude it. Why not use the benefit checker tool on here to play around with different scenarios - link can be found at top of this thread.

hogan53

Hi
Thanks for the reply...are you sure about pension credit?
That could be a option.
Cheers
hoggie