ESA(CB) help

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  • bspm
    bspm Posts: 541 Forumite
    Name Dropper First Post First Anniversary
    IAmWales wrote: »
    Bananas, given their description I expect bspm is talking about epitome, not yourself.

    (Why does predictive text try to change bspm to bdsm? ;))

    You have discovered my passion!
  • I am grateful to the advice and assistance given by all posters here. I will call the helpline tomorrow after which I shall undoubtedly have a few questions though can hopefully answer more!

    In the meantime, to answer a few questions from above and a little clarification.

    I was on ESA CB and had 0.00 for IR as I am not entitled to ESA IR. My area did not move onto UC until June which is after the problems started in May.

    When I call the ESA helpline, what is the best way of dealing with "you are in a UC area and must phone them." ?

    Claim 1 started payments from 19 Sept 2016, last day of work was 10 Sept 2016. Payments continued to 12 May 2017. NI and tax up to date to 5 Apr 2016. Yes, after the week I exceeded 16 hours I reduced my hours/earnings again to below the weekly permitted earnings limit because it had been a mistake to increase them.

    BTW, could someone explain how permitted earnings work for a self employed person whose earnings are not regular. I have asked the DWP without success. I have also read about averaging but never found a definition of how averaging should work. Also, how to convert from gross earnings to net especially as I'm unlikely to breach the lower tax limit this year. Perhaps someone can tell me from the following gross earnings? These assume Monday is the first day of the week.

    wk GROSS
    10 67.50
    11 0.00
    12 87.50
    13 115.00
    14 112.50
    15 82.50
    16 7.50
    17 25.00
    18 43.75
    19 307.50
    20 0.00
    21 82.50
    22 135.00
    23 128.75
    24 320.00
    25 135.00
    26 215.00
    27 140.00
    28 335.00

    week 19 (8-14 May 2017) was the only week exceeding 16 hours. I believe weeks 22 and 23 are within the permitted earnings because they are below 120 after tax and NI, but does that apply if I am below the income tax threshold for the year? I have not deducted any expenses in these figures, even though the work has incurred allowable self employed expenses. Week 24 in isolation is again over the permitted limits and begins the start of increasing my work until I had to return to hospital again on 21st August followed by 7 weeks more unable to work.

    Thanks for you continued help.
  • epitome
    epitome Posts: 3,199 Forumite
    edited 8 October 2017 at 6:15PM
    sailpete wrote: »
    I was on ESA CB and had 0.00 for IR as I am not entitled to ESA IR. My area did not move onto UC until June which is after the problems started in May.
    Ok so as I said in Posts above ask for a call back from New Claims to explain to you why 'claim 2' was either never processed or why it was closed... The ESA enquiry line should really be able to tell you this, but ask for a call back to confirm and then ask them for a Written Statement of Reasons why it was not processed/closed
    When I call the ESA helpline, what is the best way of dealing with "you are in a UC area and must phone them." ?
    They will not say that to you, as you are enquiring about a claim you made to ESA. The only ones who say that are the ESA New Claim Applications telephone line 08000556688 < you will not be phoning this number. you will be phoning 0345 608 8545. Even if they did say this to you, just insist that a handover requesting a call back is sent to ESA new claims..
    Claim 1 started payments from 19 Sept 2016, last day of work was 10 Sept 2016. Payments continued to 12 May 2017. NI and tax up to date to 5 Apr 2016. Yes, after the week I exceeded 16 hours I reduced my hours/earnings again to below the weekly permitted earnings limit because it had been a mistake to increase them.
    Ok if you phone UC helpline 0345 600 4272 and make a new claim to ESA Conts New Style... backdated to when you were last below the permitted work limits, as long as that is not more than 3 months ago. You have a good chance of qualifying for ESA CNS.
    BTW, could someone explain how permitted earnings work for a self employed person whose earnings are not regular. I have asked the DWP without success. I have also read about averaging but never found a definition of how averaging should work. Also, how to convert from gross earnings to net especially as I'm unlikely to breach the lower tax limit this year. Perhaps someone can tell me from the following gross earnings? These assume Monday is the first day of the week.
    I don't know, but I do know, that your claim should not have been closed without going to a Decision Maker with your earnings evidence, unless you asked for or agreed to it being closed there and then. That's why you need to ask for a Mandatory Reconsideration against the closing of your 'claim 1'
    week 19 (8-14 May 2017) was the only week exceeding 16 hours. I believe weeks 22 and 23 are within the permitted earnings because they are below 120 after tax and NI, but does that apply if I am below the income tax threshold for the year? I have not deducted any expenses in these figures, even though the work has incurred allowable self employed expenses. Week 24 in isolation is again over the permitted limits and begins the start of increasing my work until I had to return to hospital again on 21st August followed by 7 weeks more unable to work.

    Thanks for you continued help.
    Permitted work threshold is a net income of £115.50 (back in May 2017) so you should be providing detailed accounts, showing your Gross, and all expenses then your Net income figures. These should be provided with your Man Recon Letter.

    *please note, I am not saying you will be successful in your MR of closure of 'claim 1' it may be that the MR says your claim would have been disallowed from 08/05/17 anyway, so then you move on, and concentrate on why 'claim 2' was closed...

    *In regard to 'claim 2' if they indicate they will be re-opening it, make sure you tell them of your other high-work-period before they pay you the arrears.

    *You also move on and claim ESA CNS...because 'claim 2' should also have closed by now anyway, due to your work.
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