So confused over benefits

jstvj

My wife was claiming Incapacity Allowance, changed to Earnings Support Allowance (I think) which they stopped because as it was explained there is a limit on the time you can claim the benefit. When she queried it, the (rude) lady just said they would continue to pay her NI stamp but as she was married she would have to live off her husband's (mine) income. As I only get a state pension, we have struggled desperately for the last year. In November, my wife received a letter from the DSS, saying she had to attend a medical assessment, which she assumed was necessary to continue to get her NI contributions paid. Unknown to her, they started paying benefits into her bank again, backdated to August, which is apparently now called Support Group, because the Doctor's report said her medical condition had worsened.

As the heading states we are so confused and just do not understand why the benefit was stopped for a year, causing us so much hardship. Can anyone explain this in simple terms please and is there anything we can do now.

pmlindyloo

Your wife was receiving Incapacity Benefit which is a contribution based benefit - ie. based on the NI contributions she made before she was awarded Incapacity Benefit.

When she was transferred to ESA this also became a contribution based claim.

There are two groups in ESA - the Work Related Activities Group (WRAG) and the Support Group.

Your wife was placed originally placed in the WRAG group. Although it was contribution based it is limited to one year.

When your wife was reassessed she was put into the Support group. There is no time limit for those in the Support group so she will continue to receive her ESA all the time she is in the support group.

Contribution based benefits are not means tested - they are not affected by a partner's earnings or any savings.

Since you are struggling financially I would like to suggest that you go to CAB and get a benefits check up. There may be other benefits that you are entitled to.

jstvj

Thank you for your helpful reply pmlindyloo.

Can you please explain that when her WRAG expired, why the DSS did not reassess her then and transfer the benefit to Support Group. She didn't reapply for the benefit, it just happened because of the medical assessment, which came out of the blue. Surely it can't be right for someone incapacitated to have to survive a year without any income.

We will make an appointment to see the CAB as you kindly suggested.

sammyjammy

jstvj wrote: »

Thank you for your helpful reply pmlindyloo.

Can you please explain that when her WRAG expired, why the DSS did not reassess her then and transfer the benefit to Support Group. She didn't reapply for the benefit, it just happened because of the medical assessment, which came out of the blue. Surely it can't be right for someone incapacitated to have to survive a year without any income.

We will make an appointment to see the CAB as you kindly suggested.

But as a couple you did have an income, too much to be entitled to Income based benefits. It is a requirement of claiming benefits that a if there is a Change of Circumstances you report it, your wife's condition worsened and this was not reported hence no reassessment took place. The reassessment when it did take place would have been a standard review based on what was agreed at the first assessment she had.

jstvj

Thank you Sammyjammy. As I only receive the state pension and attendance allowance I don't think my income is too much for my wife to be entitled to ESA. In any event as pmlindyloo has said it's not means tested and in fact the DWP has never asked about my income.

It was the Doctor who decided that my wife's circumstances had worsened, probably because he was able to persuade her to confess that she also had depression, which has reached a critical stage, probably brought on by the hardship we have suffered this last year.

Torry_Quine

jstvj wrote: »

Thank you for your helpful reply pmlindyloo.

Can you please explain that when her WRAG expired, why the DSS did not reassess her then and transfer the benefit to Support Group. She didn't reapply for the benefit, it just happened because of the medical assessment, which came out of the blue. Surely it can't be right for someone incapacitated to have to survive a year without any income.

We will make an appointment to see the CAB as you kindly suggested.

they don't reassess people just because they have come to the end of their contributory ESA.

jstvj wrote: »

Thank you Sammyjammy. As I only receive the state pension and attendance allowance I don't think my income is too much for my wife to be entitled to ESA. In any event as pmlindyloo has said it's not means tested and in fact the DWP has never asked about my income.

It was the Doctor who decided that my wife's circumstances had worsened, probably because he was able to persuade her to confess that she also had depression, which has reached a critical stage, probably brought on by the hardship we have suffered this last year.

Your AA doesn't count as it's not means tested but your pension is.

This shows it is a good reason to keep a claim open which is contributory but only getting NI credits as into the support group will restart payment as it has for your wife

jstvj

Thank you Torry Quine

So our experience is normal, there must be thousands in a similar position then.

tomtontom

jstvj wrote: »

Thank you Torry Quine

So our experience is normal, there must be thousands in a similar position then.

I'm guessing those thousands do not have two mortgage free properties?

I would agree that you need to speak to CAB - but to get an accurate answer you'll need to be honest with them.

Torry_Quine

jstvj wrote: »

Thank you Torry Quine

So our experience is normal, there must be thousands in a similar position then.

They are way behind in assessing people anyway and just because someone has had a year of ESA is in itself no reason to think they are now eligible for the Support group.

marliepanda

During this stressful time of hardship over the past year you bought a new property and now wish to rent it out in August.

Not exactly the actions of the struggling and destitute?

You also claim to be a landlord, so the rental income you receive (and I assume declare to the tax man) is counted as your wifes income too.

jstvj

My enquiry was actually on behalf of my Sister as she does not have internet and thought it would be easier to explain as If she was my wife. Anyway I now understand the situation and can explain it to her. Thank you.