I've really screwed up my ESA - Don't know what to do

Razzler

(I've created a new ID just for this issue - I am a long standing MSE'r)

I was on Incapacity Benefit (IB) for 5-6 years until I received a letter in Dec 2012 informing me that IB was changing to something called ESA from 3 Jan 2013.

I filled out a questionnaire & was called in to meet a Personal Advisor in Jan 2013.

In Feb 2013 I got a letter to confirm some ESA changes (eg rates of pay etc) & a note to say 'We cannot pay your ESA from 3 Jan 2014...This is because you will have received the maximum of 365 days that you can get contribution based ESA...."

Having been on IB, I always expected them to notify me in writing of changes etc usually giving a months notice.

I continued receiving the ESA.

In Jan 2014, my mother had a heart attack, and my mother in law had a stroke in Feb 2014 later so the household/family was in turmoil. Both now awaiting surgery.

I totally forgot about the ESA letter (I hadnt heard from them since Feb 2013)

Basically fast forward to April 2014 - I havent received any ESA since Jan 2014 & have absolutely NO IDEA where to turn.

I really have no understanding of ESA - can someone tell me what I should do as my first step?

Many many thanks

schrodie

Did you get a letter "inviting" you to a Work Capability Assessment?

Did the DWP tell you which group you were in as a result of you attending a WCA or from just filling out the ESA50 they should have sent you?

Was it the Work Related Activity Group or the Support Group that you were placed in following your migration from IB to ESA?

Have you a working partner or any savings >£16000?

tomtontom

Does your partner work more than 24 hours? Do you have any other income, or capital over £16,000?

Torry_Quine

You were switched to contribution based ESA and it only lasts for one year in WRAG as you were told in Feb 2013. If you have savings over £16,000 and or a working partner then you won't be eligible for income related ESA.

During this time you have been receiving NI credits towards your state pension and will continue as long as you fulfill the requirements for ESA. If at any time you get into the support group then your money would recommence.

Razzler

1. I've not had any correspondence/ letter "inviting" me to a Work Capability Assessment.

2. No savings in excess of £16000

3. My circumstances have not changed since they last saw me

4. I'll have to look at any paperwork which refers to 'Work Related Activity Group or the Support Group' & I'll let you know ASAP

5. Partner doesnt work more than 24 hours

Hope that helps.

I havent slept for 2 days. What should be my next step?

tomtontom

What amount did you receive each week?

How much does your partner earn?

Razzler

In the letter inviting me to my 1st (and only meeting/interview with a Personal Advisor) in Jan 2013....it says

"At present you are in the work related activity group. This means you must attend & take part in work focused interviews if yo are asked to do so, to qualify for your benefit...."

I have not been contacted by them since Feb 2013 & that was only a letter to confirm rates of payment.

Amount is (or was!) £187.90 / week

Partner does occasional work. Usually no more than 5 or 6 hours /week (just above minimum wage)

Torry_Quine

Razzler wrote: »

1. I've not had any correspondence/ letter "inviting" me to a Work Capability Assessment.

2. No savings in excess of £16000

3. My circumstances have not changed since they last saw me

4. I'll have to look at any paperwork which refers to 'Work Related Activity Group or the Support Group' & I'll let you know ASAP

5. Partner doesnt work more than 24 hours

Hope that helps.

I havent slept for 2 days. What should be my next step?

The decision can be made on just the ESA 50.

The meeting with the personal advisor suggests that it's the WRAG as you don't have to go to them if in support group and also your money doesn't stop after one year in support group. At the meeting with the personal advisor was no indication given on when they would next want to see you.

Your next step is to put in a claim for income based ESA. This will be a joint claim with your husband and will take into account his earnings.

tomtontom

Is there a reason your partner cannot get a proper job? Has he been declaring his earnings?

Razzler

1. I am the husband
2. My wife's income is legitimate, not cash in hand etc. She's tried for more work & hours without any joy. Not getting any interviews

Razzler

Torry_Quine wrote: »

The decision can be made on just the ESA 50.

The meeting with the personal advisor suggests that it's the WRAG as you don't have to go to them if in support group and also your money doesn't stop after one year in support group. At the meeting with the personal advisor was no indication given on when they would next want to see you.

Your next step is to put in a claim for income based ESA. This will be a joint claim with your husband and will take into account his earnings.

My immediate concern is the £187.90 x 16 weeks that I've not had. What can I do about this?

I know when there was a mess up with my IB 3-4 years ago, they backdated the 3 months.

Really appreciate the help to date everyone