Contributins based esa - can we change to Income Based esa

tracey97

Hello
First time posting so please let me know if Ive broken any rules or etiquettes. Last year, my husband became ill and we claimed contributions based ESA which is due to run out in May. At the time I was working 30 hours a week. However, I now work only 23 hours a week. I would be very grateful if anyone could assist with following;
1 - do we have to wait until the CB based ESA runs out before claiming IB ESA.
2 - I think we are in the 'support' group. It is very unlikely that my husband will be able to work - we do not as yet, even after a year, have a proper diagnosis or a treatment plan.
3 - I think I read somewhere that if we claim income based ESA, I may have to attend work interviews. Would this be to see why I am not in full time employement? I am on a temp contract at the moment and its unlikely to be a full time job. But even if it were, i would find it difficult to work full time as I dont think he could manage on his own for a full day (I wouldnt qualify for carers allowance)

Thanks in advance

Torry_Quine

1 - No you don't have to wait until contribution based runs out, Income based can be added as a top up
2- In the support group there is no limit to the contribution group so if his money is due to finish in May he must be in the WRAG not support group
3 - yes you may have to attend work focused interviews if on his claim.

tracey97

Thanks for your reply. We have been told his ESA runs out in May as CB ESA is only paid for 365 days and that will be up in May.

So if they ask me to attend re full time work and I truthfully state that I would not be able to work full time as I couldnt leave him a full day what would the consequence of this be

Torry_Quine

tracey97 wrote: »

Thanks for your reply. We have been told his ESA runs out in May as CB ESA is only paid for 365 days and that will be up in May.

So if they ask me to attend re full time work and I truthfully state that I would not be able to work full time as I couldnt leave him a full day what would the consequence of this be

I don't know but they certainly can't make you work more hours.

As I said he obviously isn't in the support group but it isn't too late to appeal to have him put into it.

sleepless_saver

tracey97 wrote: »

Thanks for your reply. We have been told his ESA runs out in May as CB ESA is only paid for 365 days and that will be up in May.

Even so, I think it would be worth asking DWP specifically if he is in the support group or the WRAG. (Sometimes the information DWP provide about ESA is not as clear as it might be.)

Also it's too late to appeal to get him put into the support group if he's in the WRAG, but it's not too late to ask for a supercession if his condition has worsened since the original decision.

Is he claiming PIP? If he has care and/or mobility needs he may well be entitled.

GirlFromMars_2

tracey97 wrote: »

Hello
First time posting so please let me know if Ive broken any rules or etiquettes. Last year, my husband became ill and we claimed contributions based ESA which is due to run out in May. At the time I was working 30 hours a week. However, I now work only 23 hours a week. I would be very grateful if anyone could assist with following;
1 - do we have to wait until the CB based ESA runs out before claiming IB ESA.
2 - I think we are in the 'support' group. It is very unlikely that my husband will be able to work - we do not as yet, even after a year, have a proper diagnosis or a treatment plan.
3 - I think I read somewhere that if we claim income based ESA, I may have to attend work interviews. Would this be to see why I am not in full time employement? I am on a temp contract at the moment and its unlikely to be a full time job. But even if it were, i would find it difficult to work full time as I dont think he could manage on his own for a full day (I wouldnt qualify for carers allowance)

Thanks in advance

Has your husband actually been placed in a group?
Has he had a face to face assessment or received paperwork placing him in a group?
How much are his ESA payments?

I believe working 23 hours a week means you would earn too much for income based ESA (although I'm not certain on that) you could try putting it into the benefits calculator.

If your husband has care/mobility needs has he applied for PIP?

TELLIT01

Many people don't fully understand the rules around the number of hours they can work. Customer can work up to 16 hours, anything over that entitlement ceases. Partner can work up to 24 hours, and again anything over that entitlement ceases. BUT - income is also a factor, not just the number of hours.
I've seen situations where a partner increased hours in the mistaken belief that so long as they worked under 24 hours they would still automatically receive ESA.

tracey97

Thanks everyone for your replies. We have never been informed which group he is in, he has never been asked to attend any assessment. he gets £72 a week.

When we first applied we didnt know whether to claim income or contributions based - the lady at DWP told me that as he had paid NI up to the date of becoming unfit for work we could get Contributions based but we wouldnt be eligle for income based as I worked more than 24 hours. I am on minimum wage.

He applied for PIP but yesterday we received a letter stating that his claim had been rejected. I am going to phone them tomorrow as he has missed the 8 point allowance by two points and one of the descriptors (washing and bathing unaided ) has been scored as zero even though at his assessment he described in detail his difficulties.

HB58

If your husband is still getting only £72 per week, he has not been allocated to one of the ESA groups. As a result, payment will stop after 365 days. It would be re-instated if your husband were allocated to the Support Group after assessment.

GirlFromMars_2

tracey97 wrote: »

Thanks everyone for your replies. We have never been informed which group he is in, he has never been asked to attend any assessment. he gets £72 a week.

When we first applied we didnt know whether to claim income or contributions based - the lady at DWP told me that as he had paid NI up to the date of becoming unfit for work we could get Contributions based but we wouldnt be eligle for income based as I worked more than 24 hours. I am on minimum wage.

He applied for PIP but yesterday we received a letter stating that his claim had been rejected. I am going to phone them tomorrow as he has missed the 8 point allowance by two points and one of the descriptors (washing and bathing unaided ) has been scored as zero even though at his assessment he described in detail his difficulties.

Your husband needs to appeal the PIP decision within one month (assuming he is going to!)

Your husband should apply for Income Related ESA as soon as possible. If you are under the earnings limits then he should receive it.

If your husband isn't entitled to IR-ESA then his ESA will stop after 365 days, as he hasn't been grouped yet, therefore isn't in the support group.

People appear to be having some success in moving up their assessments by getting their MPs involved.

Assuming your husband is awarded either the WRAG or the Support Group then he will receive back pay from the end of the 13 week assessment period from after he applied.

Torry_Quine

tracey97 wrote: »

Thanks everyone for your replies. We have never been informed which group he is in, he has never been asked to attend any assessment. he gets £72 a week.

When we first applied we didnt know whether to claim income or contributions based - the lady at DWP told me that as he had paid NI up to the date of becoming unfit for work we could get Contributions based but we wouldnt be eligle for income based as I worked more than 24 hours. I am on minimum wage.

He applied for PIP but yesterday we received a letter stating that his claim had been rejected. I am going to phone them tomorrow as he has missed the 8 point allowance by two points and one of the descriptors (washing and bathing unaided ) has been scored as zero even though at his assessment he described in detail his difficulties.

My earlier advice was based on your impression that he was in a group. Once he is assessed he will have back money to get whichever group he is placed in, of course he could be told he isn't entitled at all. If in support group the money continues indefinitely but would stop after the year if in WRAG. Has he completed the ESA50 form yet?

He needs to appeal the PIP decision