Change from Income based ESA to contributions based ESA?

DEBTMONKEY1A

Hi-wonder if any of the kind experts on here could advise? At present we have a couples based claim for Income related ESA. I am in the support group & we have the carers premium for both of us (both have MH issues), severe disability premium & the extra money from the disability income guarantee. We are both in receipt of PIP. We also get housing/council tak benefits.

My paertner is working around 9 hours on a contract which year to year we never know if it will be renewed. She doesn't earn that much & of course DWP are aware & take this into account (I think it comes under 'permitted work'). Her employers make great concessions to her MH issues & it is close to home so no real stress that could trigger an episode, however when the contrat ends her psychiatrist signs her off as he is of the opinion that a new job she is not used to will damage her MH.

Last year when she was signed off for a few months our local money advisor (sadly not there any more due to council cuts) had advised at the start of the ESA claim & during her 'signed off' period that we should claim cont. based ESA & if she started a contract again of work for us to change it to Income related ESA-which we did.

My question is that when her job/contract ends & she's signed off sick again, should we change back to cont based? Would there be any financial advantage to this at all? The period she is off for is around 12 weeks-if we're lucky enough for the contract to be applied again so she's never had to attend a work capability assesment as these are usually at the 13 week stage?

Anyone got any ideas on this?

Thanks.

pmlindyloo

Can you confirm as to whether you wife has ever applied for ESA herself and completed an ESA50 form?

Your wife cannot be doing Permitted work unless she has an ESA claim herself. Is her salary deducted from your joint ESA claim (income based) or do you only have your contribution based ESA when she is working?

Basically the disability premiums and carer's premiums are only awarded to income based ESA claims so if her earnings are more than the total of these then you will automatically only receive your contribution based ESA.

Really there is no need to ask to change from income based ESA to contribution based ESA. You just need to advise the DWP when she starts working and her income and then notify them again when she stops working. The adjustment will then be made and you will either receive less income based ESA or just contribution based ESA.

Her wages , less a £20 a week disregard, will be deducted from your income based claim BUT you will always be entitled to your contribution based claim.

tomtontom

DEBTMONKEY1A wrote: »

Hi-wonder if any of the kind experts on here could advise? At present we have a couples based claim for Income related ESA. I am in the support group & we have the carers premium for both of us (both have MH issues), severe disability premium & the extra money from the disability income guarantee. We are both in receipt of PIP. We also get housing/council tak benefits.

You're not able to look after yourself but you spend 35 hours looking after someone with the same needs. How does that work?

DEBTMONKEY1A

Tmtontom, I'm sure we've had this conversation before...a bit tiresome. My MH issues vary daily & as e live together I spend a minimum of 5 hours caring for my partner as does she for me. Sorry.....it's not the purpose of this thread to discuss caring arrangements but we've had GP'S letters etc to support this.

I don't know why I'm answering you...it's none of your business.

DEBTMONKEY1A

pmlindyloo...hello again! Yes-I do seem to remember her filling in the original ESA claim form & I did as well. When she is working we have income based as advised by our sadly missed Benefits Advisor. She does not earn that much...on the awards letter we have £18-62 as 'total income' ...it says the 1st £20 weekly is not counted.

No mention on the awards letter (when she's working) about anything cont. based.

So in a nutshell inform DWP when job ends & leave as income related based?

tomtontom

DEBTMONKEY1A wrote: »

Tmtontom, I'm sure we've had this conversation before...a bit tiresome. My MH issues vary daily & as e live together I spend a minimum of 5 hours caring for my partner as does she for me. Sorry.....it's not the purpose of this thread to discuss caring arrangements but we've had GP'S letters etc to support this.

I don't know why I'm answering you...it's none of your business.

My apologies, of course it is none of my business. I am simply pointing out how flawed a system is that allows you to claim PIP for being unable to do x, y and z for yourself, yet at the same time you can claim CA for doing x, y and z for somebody else. It does nothing for those who legitimately need a high level of help themselves

DEBTMONKEY1A

Tomtontom, I take your points. I'm not an expert but can assure you that when things are bad they really are bad & I need a lot of support as does my partner. I certainly did not want to upset anyone! We simply took advice from our local Benefits Advisor (& a really good site called fightbackforjustice who helped with form filling) & sent of supporting letters from GP & Psychiatrist.

YES-the system is flawed in some ways, but if we had not had expert help we would be in a far, far worse place financially which could make MH issues much much worse.

There was a benefits programme on channel 4 last night-it'll be on catchup-about how some assesors even 'assess' people for ESA BEFORE they've even seen them-that's what I call a serious flaw....unfiar to the extreme for anyone ill/disabled.

DEBTMONKEY1A

Hi PM, no she's had no WCA as the time from leaving her contract to starting again was around 12 weeks...before the WCA appointment date was given. I just spke with her & she did stop her ESA claim at that time-so assume it's all in my name now.

Does this change your advice? Thanks again for your help.

TELLIT01

tomtontom wrote: »

You're not able to look after yourself but you spend 35 hours looking after someone with the same needs. How does that work?

That has nothing whatever to do with the question raised by the OP, and they are doing absolutely nothing wrong in the eyes of the benefit system. If you have a problem with the current legislation I suggest you take it up with your MP rather than berating every claimant who posts here with a joint CA claim.
The two parties to CA claims can have very different support requirements, which means that by providing care for each other they can be independent of further support. The alternative being a requirement for outside support which will cost a darn sight more that the pittance paid on CA.
In case you can't do the maths, CA currently pays roughly £63 per week, outside support of 35 x £7.20 = £250 pw.

pmlindyloo

DEBTMONKEY1A wrote: »

Hi PM, no she's had no WCA as the time from leaving her contract to starting again was around 12 weeks...before the WCA appointment date was given. I just spke with her & she did stop her ESA claim at that time-so assume it's all in my name now.

Does this change your advice? Thanks again for your help.

No, it doesn't change my advice

FBaby

That has nothing whatever to do with the question raised by the OP, and they are doing absolutely nothing wrong in the eyes of the benefit system.

Just to point out that this is not forcibly true. CA fraud is estimated as very high, ie. many claiming but not providing 35 hours actual care a week that is the requirement to be entitled.

The problem is that 1/ it would be extremely difficult to prove in court that the person isn't providing the care, especially considering there is no clear definition as to what this 'care' is supposed to represent (some would argue that providing companionship is care), and 2/ the cost of investigating such case vs the amount that could be recoup from doing so is just not cost-effective.

Saying that, the number of claims for CA are increasing significantly year on year, so who knows, they might decide to do a one-off investigation like they are doing for so called self-employed claiming tax credits.