ESA and IS

Spicelady

changed info due to perJust adding information in case it helps

I had been on incapacity or IB since the year 1992 (not the year 2000, I had made a mistake when I put that date on the forum) at the age of under 25 as I have long term medical issues.

They changed it from IB to ESA, last August 2012, and that letter stated I was entitled to Contributry and Income related ESA. ( Although as I stated before I think they had for some reason put me down as single when I am a couple)

And again I had never been asked to fill in a ESA3 before

I was reading on other info, that ESA contributory you could only get if you had worked certain tax years or something ??I obviously haven't been able to work since 1992 due to my medical issues

Just thought I would add that information in case it helps etc

Thanks again......

nannytone_2

you say your claim in 1992 was incapacity and IB?
IB is incapacity.
do you mean incapacity and IS?

Spicelady

Hiya nannytone
I meant it was either Incapacity or Invalidity benefit....during those years.... as they changed over what it was called at some stage, but I can not remember what year that was

Thanks

Spicelady

Hiya
Just wondering if anyone else could help, as Epitome isn't about.

Im going to hold back from phoning at the moment, as its past 1pm. ( and may phone again tomorrow for a call back)

I wonder if I should just go for Option 1 purely for simplicity factor. The one with us as a couple on IS. that would be my second choice.
I know that would have some negative factors as Eptimome stated before.

Also If I do IS as a couple with no ESA, would I still have to fill in the ESA50. ( I can not remember if I covered that before)

I shall check back in later and see if I had any more knowledgeable responses

Thanks for the time

pmlindyloo

Spicelady wrote: »

Hiya
Just wondering if anyone else could help, as Epitome isn't about.

Im going to hold back from phoning at the moment, as its past 1pm. ( and may phone again tomorrow for a call back)

I wonder if I should just go for Option 1 purely for simplicity factor. The one with us as a couple on IS. that would be my second choice.
I know that would have some negative factors as Eptimome stated before.

Also If I do IS as a couple with no ESA, would I still have to fill in the ESA50. ( I can not remember if I covered that before)

I shall check back in later and see if I had any more knowledgeable responses

Thanks for the time

I am not as knowledgeable as Epitome but have done some reading around.

According to this site (scroll down to number 3) http://www.lawcentreni.org/EoR/benefits-and-tax-credits/employment-and-support-allowance.html

Option 3 is perfectly possible (not that I doubted Epitome for one minute)

Just something for you to read whilst waiting for Epitome to return and also to bump up your thread.

PS I know it is an Northern Ireland site but does relate to Great Britain.

Spicelady

Hello pmlindyloo

Many Thanks for you kind comment and info

When I telephoned the ESA I read out the statement as below, and didn't get much further than that, just a blunt you can not do that as the PC said No ! Sort of thing. All I was able to do was close my partners IS and do a joint ESA in my name which we do not want to do. Also that I couldn't do ESA as contributory as it wasn't showing up that I could do that.

My partner currently has a claim for Income Support and my ESA was incorrectly paying me ESA IR at the same time, this has caused ESA to suspend my claim. I have found out that we will be paid more as a couple on Income Support than on ESA. However, I wish my ESA to continue to pay me ESA contributions (for myself only) and National Insurance credits. Therefore I am requesting that the ESA IR (Income Related) is removed from my ESA claim leaving my claim open as ESA Contributions only and paying me £110.85 a week (£106.50 ESA C + £5.35 TA). Will you please arrange a callback from ESA to me to confirm that this will be done

He was Very blunt and quite adamant that was it. Im trying to hold back from doing any more phone calls till I get more info etc

The thing is what you are saying about the statement below :

" Option 3 did you say that you wanted a single claim for contribution based ESA and your OH would be making a single claim for CA and IS?
I am just wondering whether they thought that your OH would be trying to make a joint claim for IS."

I maybe a bit confused but how can we make both make SINGLE claims when we are a COUPLE as such ? And if so (simply) how would that work as such please ?

Thanks for the link to the website, and yes to does state that the option 3 is ok to do etc.
Ive saved it in my PC so I can read all the info later tonight properly.

Many thanks for the kind reply and I will check again later on

pmlindyloo

Have been pondering this and I think I may have misread the link about making 2 single claims. This would not make any sense the more I think about it.

Rely on Epitome not me!


I'm going to delete that bit so no-one else is mislead.

Spicelady

Hello

Thanks pmlindyloo for your comments.

Just an update, I had a letter yesterday words to the effect We can not pay you ESA from the 10th August.
You will not get anymore Income related ESA.

Now obviously Ive worked out (from other posters) that they can not pay us as a couple two Income Related benefits. And they had been incorrectly paying me the IR ESA when I changed over from Incap Benefit last year. They stated I was entitled to Contrib ESA and IR ESA on the letter in August 2012

Anyway I did a general enquiry to the ESA without giving any of my details, stating the same facts as I had done on my previous call, saying that I wanted Contributry ESA myself in only my name and IS and CA for my partner, and they said that could be done.

So, do I just phone up and try again using my details and see if it works the second time around with an actual call back.

Since they have stopped paying me IR ESA since August 2013 would this actually be a new claim as such ? As its technically not being paid now.

Why they never just replied to my letters in Oct and Nov, and stated the facts then.......or even in August! I don't know

Lastly, if that again doesn't go to plan if we chose to have IS as a couple,
Would I have to start going for work focused interviews and stuff like that. Or provide medical certificates etc
As at I was in the SUPPORT group ESA and didn't have to do anything like that

Any help would be grateful Thanks

Spicelady

Hi All
Well I shall see if I get any more mail over the weekend and and more posts/advice from anyone.
And I will try another phone call on Tuesday morning, with the advice from Epitome....option 3.
See If I can speak to someone who will hopefully understand and do what I had asked the first time around
I think this is why I like letters as its pure statements and then they hopefully act on them. Although they tend to ignore my letters
Thanks

epitome

Spicelady wrote: »

Hiya Eptiome

Well I phoned up and it didn't go to plan as such

When I phoned I had to give them a general idea of why I was phoning, and I said, I wanted my ESA to be Contributury. I also read my statement out. the one below this....and didn't get much further.

My partner currently has a claim for Income Support and my ESA was incorrectly paying me ESA IR at the same time, this has caused ESA to suspend my claim. I have found out that we will be paid more as a couple on Income Support than on ESA. However, I wish my ESA to continue to pay me ESA contributions (for myself only) and National Insurance credits. Therefore I am requesting that the ESA IR (Income Related) is removed from my ESA claim leaving my claim open as ESA Contributions only and paying me £110.85 a week (£106.50 ESA C + £5.35 TA). Will you please arrange a callback from ESA to me to confirm that this will be done

He bluntly said that I couldn't do that and all that the computer was showing was that , I would have to close my partners IS claim and then claim ESA for both of us.

He stated that he would send a ESA3 through for me

He said he has never seen a claim that I wanted at all. It was always the couple were either ALL on IS or ALL on ESA.

I said even if I asked for a call back would this not happen and he said no, as it wasn't showing that I could do that on the system.
He refered to the letter which I had got the other day. Close partners IS and put him on my ESA as couple

He said I could put this all in writing and ask for the decision maker to look at this, to see if they could put me on the ESA contribute

I didn't even get any further with statements as he was rather blunt and was adamant that was that, and that was what the PC stated.

He doesn't have a clue what he is talking about, you should have insisted on a callback being done. If he refused to get you a callback should have asked to speak to his team leader.

What do you think I should do ? Just phone back again......and try and speak to someone else ?

My advice at the time would have been.......Phone back again and ask for a callback. However, see below...

Ideally a complaint should be raised against the other agent for not doing what you asked for when he clearly does not know what he is talking about and if he is not sure he should ALWAYS defer to a callback. The complaint will be for his benefit so he learns something.

As you have had a letter now saying ESA Income Related is closed...
-this is what you wanted to happen - but you need to know that your ESA C is still good -

It could be (as per your letter) that on the computer screen the ESA BDC have already removed the ESA IR part of your claim. What you would want to ask is....
"On the screen,... how much is the award amount under ESA C, £110.85? and how much is the award under ESA IR, £0.00?"

A new claim is not needed, it's your existing ESA C claim continuing.....
Strictly speaking, there is no need for a callback..... if it says...... £110.85 under ESA C and £0.00 under ESA IR and there is no suspension on your claim AND they have released payment from August 10th to November at a rate of £110.85 per week.
Ask them if arrears of ESA have now been released... You should have about 14 weeks @ £110.85 = £1,551.90. If they have been paid, and the claim is still open for ESA C, there will be no need for the callback. You will get your next payment of ESA C £221.70 on your next fortnight payday.

You now phone Income Support to tell them from August 10th ESA is paying £110.85 can you please adjust Income support and pay the arrears that we will be owed."

Sorry, that I left you waiting....