who decides????

mumafluff

My husband has not worked for the last six years due to very ill health.
He receives dla and ESA support group.
I did have a full time job but had to drop my hours to 30 do I could be at home with him more.when I done this I applied for working tax credits which I received.
I have now received a letter telling me that I should not have received them because my husband is in the contributory ESA and not income based.
I thought that you only received contribution bas ESA for twelve months and as he hasn't contributed anything for the passed six years he would be in the income based .
I have had to take a career break to look after him as he has deteriorated more and is now terminal. The amount they say I have been overpaid is £2000+
Don't know if he has been in the wrong based group or who decides which one he should be in. Any help appreciated... Thanks

Alice_Walker

There is no limit to contributions based ESA when in the support group. His entitlement letters would tell him whether he is in receipt of CB ESA - which seems most likely as he wouldn't be entitled to IB ESA with you working 30 hours.

Darksparkle

Sorry just to clarify the overpayment is for WTC?

If so it sounds like you may have ticked the box on the form to say he was getting income based when it was actually contributions based.

mumafluff

I was told a few years ago that he was in a position were he was eligible for both that's why I wanted to know who decides?

Torry_Quine

The decision on whether someone is on income or contribution based is fairly straightforward. If someone transferred from IB or had enough NI contributions then they get contribution based which is time limited to one year unless in the support group when its Indefinate. If you can't get contribution based then you can only claim income based which looks at the household income and savings so you wouldn't have got that with your earnings.

TELLIT01

If the claimant's partner is working over 24 hours a week there would be no entitlement to Income Related ESA, there are no exceptions to that. Also, even if the partner is working less than 24 hours per week, the partner's income is taken fully into account apart from a small disregard which I believe is £20 per week.
On the basis of the above, your husband would have been receiving Contribution based benefit only.

mumafluff

I'm just so mad that I am now in debt especially at this time with my husbandbeing so ill.

Alice_Walker

mumafluff wrote: »

I'm just so mad that I am now in debt especially at this time with my husbandbeing so ill.

You'll need to make a repayment arrangement, you don't need to pay it all in one go.

Given your confusion I would suggest taking your award letters (ESA and WTC) for the past few years to CAB or another advice charity, so you can be sure everything has been accurately declared in the past also.

Alice_Holt

Alice_Walker wrote: »

You'll need to make a repayment arrangement, you don't need to pay it all in one go.

Given your confusion I would suggest taking your award letters (ESA and WTC) for the past few years to CAB or another advice charity, so you can be sure everything has been accurately declared in the past also.

Good advice. If you are in financial hardship because your income has dropped as you are now caring for your terminally ill husband, it may be possible to have the overpayment written off. Your MP would be a useful person to approach to help with HMRC .

Check with the CAB if a higher rate of disability benefit could be now due to your husband under special rules. Also check if you can be entitled to Carers Allowance. Check also if Council Tax support may be payable, and if you rent - HB.

I hope this is useful.

Best wishes.