ESA refusal letter

daniel-2412

Good morning all. 

I have just received a letter saying that I cannot be paid ESA because the law says they cannot, I was advised on here to apply for new style ESA as I am classed as severely mentally disabled (lost 18 years of memory rare disorder) I was on UC including nwrg and pip but have recently moved in with my partner and as she earns too much being a teacher I now only receive pip. We went to see UC together and he said they were shutting or claim straight away because of this. I'm on high rate mobility and living, as I also have spinal nerve damage and sometimes can only move just my head for upto 3 hrs at a time. Unfortunately the doctors have no idea why this is and have been trying to figure it out for at least 4 years or more. I have been advised not to work since 2019 because of these conditions so rely on benefits which is very disheartening as I've always worked many jobs but these and many other conditions are getting worse. I look after my partners daughter who has autism and ADHD why my partner is working,(more than 35hrs a week) I was wondering if anyone could tell me if there is any other help I could receive or if ESA is wrong with there decision etc. it says I have paid upto date my nation insurance although I think obviously the last few years were by uc. I don't get paid carers allowance but have been told I should apply. Any help with information on what help is available would be very helpful thankyou.

poppy12345

As you haven't worked since 2019 then you will not be entitled for payments for New style ESA and this was advised on your other thread, that you will likely not qualify for payments. You were advised to apply for NI contributions before moving in with your partner, incase there was no entitlement to UC.  See thread. https://forums.moneysavingexpert.com/discussion/6564665/moving-in-with-a-partner-and-uc-pip#latest

When you applied for ESA did you do this before your UC claim closed or after? 

When you moved in with your partner did your partner start a claim for UC their self? They would have needed to do that and then you would have needed to report the changes and tell them you are living with your partner. You would have been sent a linking code to join both claims together. 

I'm confused why you went to your local job centre for advice because they are certainly not benefits advisors and they shouldn't have just closed your claim down like that, unless you or your partner had capital of more than £16,000 and then entitled would end. If no capital over this amount entitlement to UC would be based on your joint circumstances and working full time doesn't mean there's no entitlement. 

Use a benefits calculator and put both of your details into it to check entitlement.https://www.entitledto.co.uk/benefits-calculator/

daniel-2412

I did it before I moved while still on uc. When I moved in we got the code from UC for her to be on my account. They called us in for a financial check, not advice  and told us we were over, as we knew we would be. Unfortunately she had some savings, I'd just been paid my UC and pip, she had just been paid and teachers had just got a raise for the first time in 6 years so had gotten a back dated amount putting us over the threshold. He said he would close our joint claim straight away but if circumstances changed we could reopen any time. We made him aware of the back pay etc but he just closed it down

Spoonie_Turtle

daniel-2412 said:

I did it before I moved while still on uc. When I moved in we got the code from UC for her to be on my account. They called us in for a financial check, not advice  and told us we were over, as we knew we would be. Unfortunately she had some savings, I'd just been paid my UC and pip, she had just been paid and teachers had just got a raise for the first time in 6 years so had gotten a back dated amount putting us over the threshold. He said he would close our joint claim straight away but if circumstances changed we could reopen any time. We made him aware of the back pay etc but he just closed it down

Your UC and PIP and your partner's wages should not have been regarded as savings.  They do not become savings until they remain unspent during the next assessment period.  I'm not sure about backpay for wages, those may well count as savings.

Whatever the appointment actually was for, they did give you advice and acted on their opinion, closing your claim.

If you minus your UC, PIP, and partner's monthly wage, do you jointly have over £16,000 left?  If so then the claim closing may have been correct - depending on whether you received Cost of Living Payments that accumulated, not being spent, as those are disregarded too - but if under, then it's definitely worth trying to find out how to proceed.

Edit: though actually do make sure to do a benefits calculation based on your joint circumstances with your partner's regular wage.  If it turns out you'd not be entitled to any UC anyway because your overall income is too high, then it'd be a waste of time reopening the UC claim.

poppy12345

The lump sum of earnings would be treated as capital. 

daniel-2412

Ok thank you all