ESA and IS

Spicelady

Another thing, while I remember. I had been on Incapacity benefit long term. Then I had the letter July 2012 to say they were changing it to ESA and then the long ESA50 was sent through. I filled it in then got the reply in Aug 2012 to say I was in the support group, and was entitled to Contribute Esa and income related ESA
This is how much you get etc and that was it. I don't think I ever had to fill in any other form at all
Thanks again

epitome

How much did you get on IB? Were you getting any IS (in your name at that time?) Unless I'm still here tonight, you will see any further replies from me tomorrow night.

Spicelady

Hello there
Ive looked back on some old post office card statements, Incap ben in Feb 12 was 216.10 and may 2012 was 221.70
I was not getting any IS in my name it was just on my partners as a couple on the IS form
thanks for the replies I shall check tomorrow night THANKS

Spicelady

More info, as Ive had some letters today.
Stating that the ESA had stopped as my partner is in claim of IS, and that he would have to close his IS claim and add him to my claim.

Also a new ESA50 10/13 has arrived.
stating if u have IB or IS (grounds of illness) or SDA your benefit will be converted to ESA

I remember when my partners IS was temporarily suspended when we did an A2 they stopped the Hb, and it was really slow and complicated to get that sorted back out and going again

Questions I would like to ask..... can we claim the IS for us as a couple without having to have any ESA
Would we still have to fill in the ESA50 ?
And if we send that back wouldn't they convert my IS into ESA as stated
I want to do the right thing and it be as simple as possible

Lastly what about the money owed from August ?

I appreciate the time and effort from replies Thanks

harveybobbles

ESA should be a joint claim with IR.

So the ESA will be topped up with income support to about £280 every two weeks.

Partner wont get IS, but will continue to get CA.

Spicelady

Thanks for the reply
Can we have it so my we both just get IS and CA
Rather than ESA at all ?

As I would rather my partner have the IS as the HB is in his name etc
Thanks

Spicelady

I will check back tomorrow and see if there are any further updates, especially from the kind helper epitome......
( Also if I have any more letters come through)
Any advice welcome.....thanks

epitome

You have 3 options

1.
You close ESA and have just IS & CA in your partners name.
IS would be at a basic rate of £211.80 minus CA = 211.80 - 59.75 = £152.05
Doing this you would not receive any NI Credits towards your pension - because you closed your ESA. You would also not have to be assessed for ESA anymore. But you would also lose your ESA Conts entitlement - if you ever split up from your partner in the future you would only be able to get ESA IR when you reclaimed ESA.

2.
You keep CA in his name but close Income Support, and Keep ESA open with ESA IR.
He gets NI Credits paid by CA
You get NI credits paid by ESA
The basic rate of ESA IR would be £202.40 minus CA = £142.65

3. (The option I would choose)
You keep CA & IS in his name he gets £152.05 - £110.85 = £41.20
You keep ESA Conts Support Group in your name you get £110.85
He get NI Credits from CA/IS
You get NI Credits from from ESA C

If you want to do option 3, you have to tell ESA you want your claim to be converted to "ESA Contributions Based Only" paying you £110.85 per week - They might end up only paying you £106.50 per week because they will take away your £110.85 entitlement- this does not matter because IS will pay the difference.
You should insist on a callback from the ESA team who will be actioning your changes so that you are reassurred they are doing what you want them to do. and you can discuss the over payment with them.

The over payment
You have been getting over paid on your ESA by 121.65 - 110.85 = £10.80 per week. But this overpayment has not really happened because Income Support has been deducting it from the Income Support.

The £121.65 rate on ESA should only be paid on migration cases after you complete an ESA3. From what you say in your case they just paid you that rate from the start without an ESA3 so its not your fault.

If it is not your fault you should not be asked to pay back the overpayment by ESA. If you are asked to pay it back you can appeal, but it is not really that important, because once you have paid it back to ESA..... then Income Support would then repay you the same amount of money.
So you would pay ESA £1000
and the IS would pay you back £1000

As they are both DWP benefits you might find they just make the internal adjustments themselves and you won't hear anything about the overpayment.


Lastly: You must have been in the Support Group for 12 or 18 months that's why you are being sent a new ESA50 at this time, but the letter that accompanies it referring to IB, IS, SDA migration is just the wrong letter. Just ignore the fact that the letter says you are on IB, IS, SDA...you MUST return the ESA50 to remain on ESA.

mikey_bach

That is correct, if there has been an overpayment of one benefit say ESA and arrears of another are due eg I.S and they are for the same period, then an OP is raised on the schedule and the arrears are offset.
The customer then gets a letter to confirm this

Spicelady

Hello EPITOME AND Mickey bach
My goodness, thanks everso much for the detailed response. You have made me feel a lot more in control and have some plan.

My head was exploding Friday!

I think we will choose the option 3, as you suggested

So basically I would phone the ESA and say I want the claim for ESA Contributions only. I assume then I would get a form and fill that out, and say its for me only. BUT that I have a partner etc on the form.

I also fill in the ESA50 form before the date they gave.

What do you think about the money they have not paid me from August the 9th ? I wrote to them twice, once in October (special delivery) and they didn't even reply.

I thank you EVERSO much for taking the time and trouble to help myself and my partner! Much appreciated !