Incapacity to ESA soon

Torry_Quine

raverbhoy wrote: »

I am just scared to say i have partner incase i end up in income related (if i pass) at some point , because i wouldn't be eligible anymore if partner works. Its all messed up

You have to be honest here. If you don't declare a partner and get income based they will find out and you will be in a lot of trouble. I hope you aren't getting any means tested or income based benefits at the moment and haven't declared him.

raverbhoy

I understand what you mean but there way of thinking doesn't make it easy on alot of couples. DWP expect us to live off of our partners which just ain't fair they work hard for there own wages. Wheres the help for disabled people on income related part but have partner working full time? just an uphill battle for the rest of your life although you should be entitled to the benefit. I dont get any means tested benefits only the dla and ib.

zzzLazyDaisy

EVERYONE transferring from IB to ESA is in your position.

IB is a contribution based benefit, which, as you know, used to be given until you were able to return to work or retired. The rules with contribution based ESA have changed massively, and that benefit now stops after 12 months.

If you get into the Support Group, it continues indefinitely, so look particularly at the support group descriptors, and also Regulation 35. It helps enormously if your GP/consultant/other professional is willing to write a report confirming that you meet the descriptors.

If you are placed in WRAG then you are assessed for income related ESA at 12 months, but if your partner is working then it is unlikely you will qualify. Please don't think of not declaring your partner, that is benefit fraud.

As I say, everyone is in the same boat in the transfer from IB to ESA - if you have a working partner or savings you do not qualify for the means tested ESA as you are assessed as a couple. The cold objective is to reduce the number of people claiming benefits.

raverbhoy

Thanks lazydaisy , that pretty much tells me everything i have sent email to my medical centre today asking for a supporting letter but if they give one or not is a different story, I have got a recent letter printed from dr aswell stating my problems on it so hopefully that along with a support letter will help things.

Guess my aim now is to get in the support group.

Thanks

rogerblack

raverbhoy wrote: »

Guess my aim now is to get in the support group.

The most recent descriptors - http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@disabled/documents/digitalasset/dg_177366.pdf

All the issues you mention seem to be around your legs. If you have no other problems, and if you can, and do use a nonpowered wheelchair without problems, you may face issues qualifying at all.

ESA treats wheelchair users who are able to wheel themselves 200m (perhaps slowly, with rests, but able to do this several times a day) as ablebodied.
If you can't:
Get out of your chair into an adjacent chair yourself, or use you chair to move 50m - repeatably reliably and safely, or if you can't sit for an hour - this would qualify you for ESA, and the support group.
'Just' using a manual wheelchair - if you can use it safely does not qualify you automatically.

benefitbaby

raverbhoy wrote: »

I've just never had to because dla and incapacity i am eligible for with or without partner. But your right think i am just going to need to do it and fill out the form and hope for the best.

You are absolutely correct, there is no disclosure requirement or request for details of this on the IB or DLA claim forms, it is entirely irrelevant.

This is because:
- IB is conts-based benefit so partner/savings not relevant - so DWP don't ask.
- DLA is a special non-cotributory benefit so partner/income/savings not relevant and so DWP do not ask about this.

If you are placed in the WRAG of ESA and you finish your 365 days of payment then you could claim income-related ESA (on an ESA3 form) and this is when the questions of partner, savings, income etc will be asked.

raverbhoy

Hi roger , i don't use a wheelchair as of yet , been told from surgeon i will be in one as i get older but i am housebound and my sister comes over 6 days a week to help around the house and help me while my partner works. The main problems are standing & walking without getting sore/exhausted all the time. I seize up alot aswell and muscles just ache constantly which does leave me lying down instead of sitting up normally most of the time, I also cannot bend down because of osteo arthritis in both hips limits the movement (not that atos will care). but the big questions i think i need to get are cant walk more than 50m , and need help moving from one seat to another. When it comes to all the arm questions can u lift a empty carton and stuff its just insane. If someone gives me the carton i can hold it but i certainly cant bend down to get it. Cheers

And benefit baby its crazy isn't it? Incapacity they say most people will convert to esa smoothly yet on incapacity people were safer with the no questions asked about partners earnings ect., Why can they change to a similar benefit but say partners earnings affect the decision now. Really annoys me been sitting debating it all night with partner lol

benefitbaby

raverbhoy wrote: »

And benefit baby its crazy isn't it? Incapacity they say most people will convert to esa smoothly yet on incapacity people were safer with the no questions asked about partners earnings ect., Why can they change to a similar benefit but say partners earnings affect the decision now. Really annoys me been sitting debating it all night with partner lol

You have to look at it this way...

Incapacity Benefit = contribution-based ESA (CESA)
Income Support = income-related ESA (IESA)

ESA is one benefit with two different ways to qualify.

Some people would have been entitled to IB topped-up with IS (if income/savings low enough), now it would be CESA topped-up by IESA as appropriate/relevant.

Frustratingly it is all set to change again... under Universal Credit there is 'new-style' CESA and UC including a limited capability for work (LCW) element or limited capability for work related activity (LCWRA) element!!! How's that for simplification

benefitbaby

Whilst I am on my soap box (!) you have to remember that ESA looks at aids you could reasonably use so even if you do not use a wheelchair they will consider if you could self-propel to mobilise the 50/100/200 metres. So think about how long you can sit comfortably, could you lean forward and turn the wheels of a wheelchair, how would your hips feel etc

zzzLazyDaisy

benefitbaby wrote: »

Frustratingly it is all set to change again... under Universal Credit there is 'new-style' CESA and UC including a limited capability for work (LCW) element or limited capability for work related activity (LCWRA) element!!! How's that for simplification

Interesting. I understood support group (LCW) was not going to be included in UC?