esa and state pension

rbcsoftware

Hi again.
After more 'thinking' I mentioned that dad was migrated and you mentioned that there would be some element of contribution, lets just say for a moment it totally income based, would that be "nilled" or claim stopped?
Reason I ask is that when dad was "migrated" he initially failed the wca and we fought tooth and nail via tribunal, this was over turned and my dad got esa support group.
Im sure that in previous dealings with esa team that they are treating the claim as income based (although I cant remember now for sure this was shown on letter as basic contributiom based plus income based for mum)

Either way, if it is "all" income based would the SP then shutdown esa claim?

Sorry for repeating myself if you have already answered, im on medication and can quite easily get side tracked and get confused so I need it as simple as possible.

PS: I thought it would be income based anyway as contribution based only last 365days or am I way off mark?

Thank you

Torry_Quine

If he failed the first WCA but this was overturned and he went into the support group then that means he will have been receiving contribution based since then. If it was completely income based then how much he gets would depend on the total household income and savings but from what you say these seems unlikely.

bigbill

Before mum got her RP dad would have had £173.65 weekly, less any private or work pensions?


Now mum is over RP age its £230 weekly less any pensions including mums RP so chances are he will remain entitled unless mums RP is quite high to cancel out any means tested ESA top up dad is due?

rbcsoftware

Looking at some more documents I have, dad gets £461.70 per fortnight.
Hes been getting this for as long as I can remember.
Mum has only just become eligible for SP as of 09.01.2016.

I am lead to believe that the maximum mum could receive under SP is £115.95 per week providing that she has 30years NIC etc.
Now I doubt she will have that amount of NIC, so the SP would (I assume) be little to nothing...
Taking into consideration that if dads esa claim IS all income based what ever mum gets will be deducted off the esa claim.
Is that right?

or additionally, irrespective of what amount mum gets in SP the ESA claim will not close/shutdown?
I ask this because I have read that you cannot claim ESA and SP together, but this seems to be implied if you (yourself) are the person getting ESA and becoming SP age.
I've tried to see if I can find anything that would relate to my mum and dads situation in that;
* Dad is on ESA but not yet SP age and gets additional amounts for mum
* Mum has become SP age

Point blank question:
"Irrespective of Dads ESA being contribution or income based, if my mum claims her SP then will the ESA claim be shutdown because of the 'you can't have ESA and SP rule'?"

Many many thanks for everyone's patience and help once again, I cannot begin to tell you how much I appreciate it.

Torry_Quine

rbcsoftware wrote: »

Looking at some more documents I have, dad gets £461.70 per fortnight.
Hes been getting this for as long as I can remember.
Mum has only just become eligible for SP as of 09.01.2016.

I am lead to believe that the maximum mum could receive under SP is £115.95 per week providing that she has 30years NIC etc.
Now I doubt she will have that amount of NIC, so the SP would (I assume) be little to nothing...
Taking into consideration that if dads esa claim IS all income based what ever mum gets will be deducted off the esa claim.
Is that right?

or additionally, irrespective of what amount mum gets in SP the ESA claim will not close/shutdown?
I ask this because I have read that you cannot claim ESA and SP together, but this seems to be implied if you (yourself) are the person getting ESA and becoming SP age.
I've tried to see if I can find anything that would relate to my mum and dads situation in that;
* Dad is on ESA but not yet SP age and gets additional amounts for mum
* Mum has become SP age

Point blank question:
"Irrespective of Dads ESA being contribution or income based, if my mum claims her SP then will the ESA claim be shutdown because of the 'you can't have ESA and SP rule'?"

Many many thanks for everyone's patience and help once again, I cannot begin to tell you how much I appreciate it.

No whatever happens your Dads ESA shouldn't be shutdown.

The income based would be deducted, not the pension. I am surprised mum hasn't started actually bagging her pension

rbcsoftware

Torry_Quine wrote: »

I am surprised mum hasn't started actually bagging her pension

Unfortunately my mum (and dad) are petrified when it comes to sorting out benefits etc for the reason they are scared everything will mess up.
If I don't research things for her and my dad via internet etc and translate it into some sort of English they are 'helpless'. My mum isn't stupid, but trying to understand the benefit system when your my age is difficult enough, but for someone like mum and dad they get confused and it doesn't help that they don't like talking to people they don't know about "their" business.

I also think its an element of "don't like change" so anything like this just freaks them out totally.

This is why I turn to the net for help.
I was the one who fought for dads esa tribunal, alone and with no help from HCPs, the stress I endured thinking I would fail my parents was bad enough, then to have to sort out the evidence for the tribunal and attend the hearing, call after call, letter after letter etc has certainly caused mental health issues and all this rolled up into one with my other health problems wasn't a very good time, so certainly things like this also give me the shudders.

HappyMJ

rbcsoftware wrote: »

Unfortunately my mum (and dad) are petrified when it comes to sorting out benefits etc for the reason they are scared everything will mess up.
If I don't research things for her and my dad via internet etc and translate it into some sort of English they are 'helpless'. My mum isn't stupid, but trying to understand the benefit system when your my age is difficult enough, but for someone like mum and dad they get confused and it doesn't help that they don't like talking to people they don't know about "their" business.

I also think its an element of "don't like change" so anything like this just freaks them out totally.

This is why I turn to the net for help.
I was the one who fought for dads esa tribunal, alone and with no help from HCPs, the stress I endured thinking I would fail my parents was bad enough, then to have to sort out the evidence for the tribunal and attend the hearing, call after call, letter after letter etc has certainly caused mental health issues and all this rolled up into one with my other health problems wasn't a very good time, so certainly things like this also give me the shudders.

No matter what happens at the end of the day they'll get at least £230.85 per week however the DWP wants to pay it.

Your mum will get her contributions based State Pension what ever that is, your dad will get his contributions based ESA and together as a couple they'll get either Pension Credit or ESA Income Based. They both pay the same.

What's most likely to happen is your dad will no longer get additional amounts for your mum as she'll get SP in her own right instead.

Londonsu

rbcsoftware wrote: »

Unfortunately my mum (and dad) are petrified when it comes to sorting out benefits etc for the reason they are scared everything will mess up.
If I don't research things for her and my dad via internet etc and translate it into some sort of English they are 'helpless'. My mum isn't stupid, but trying to understand the benefit system when your my age is difficult enough, but for someone like mum and dad they get confused and it doesn't help that they don't like talking to people they don't know about "their" business.

I also think its an element of "don't like change" so anything like this just freaks them out totally.

This is why I turn to the net for help.
I was the one who fought for dads esa tribunal, alone and with no help from HCPs, the stress I endured thinking I would fail my parents was bad enough, then to have to sort out the evidence for the tribunal and attend the hearing, call after call, letter after letter etc has certainly caused mental health issues and all this rolled up into one with my other health problems wasn't a very good time, so certainly things like this also give me the shudders.

You cant mess anything up with the state pensions, its not means tested, the only criteria is that she is old enough and how many NICS she has paid in
https://www.gov.uk/state-pension/how-to-claim


I am surprised she didn't get a letter, my Husband did.


Not being funny but are you sure she is pension age?, the pension age for women is rising all the time and is no longer 60 years old (My sister gets hers in March when she is 62)

bigbill

Dad now no longer needs to worry about his on-going ESA as he now has the option of giving it up (If he gets any hassle in the future) and allow mum to claim pension credit for them both, weekly income should remain the same.

NYM

Londonsu wrote: »

... the pension age for women is rising all the time and is no longer 60 years old (My sister gets hers in March when she is 62)

My Mum is 62 in March but won't get any SP until she's 65 years, 5 months, 19 days. according to the gov.uk Check your State Pension age...