Esa contribution base to income related esa

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Hi im new to this and writing this on behalf off my husband .my husband is on esa contribution and work related group ,but his had a letter today saying that in november it will be stopped because his been on the contribution for 365 days but he hasnt long been in the work related group .ive been on the benefit calculator and its says that all we will be entitled to £11.40 a week surely that be right how can a couple serve on that as well as two children .with the income related one does he stay on the work related group or will that stop its all so confusing to me .he has fibro where he cant return to work as he can hardly walk bathe and has fibro fog where he keeps forgetting stuff .any help will be much grateful thankyou

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  • Posted

    Hi,

    The 365 day rule would include his time on assessment phase. For Income Related ESA I'll need more info to be able to help you further. Do you work, if so how many hours per week?

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    • Posted

      Hi denise all his letter says is based on the information held on your current award of benefit when your contribution based employment and support allowance ends you will get income related employment based on how much the law says you need to live on. He is also on a work related support too so will that stop ?

      But he also wants to change the support group his on too.

      No I dont work im home all the time with him even if he has appointments ive got to go with him as his so forgetful and his only 41

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    • Posted

      If you don't work then you must be named on his ESA claim and claim as a couple, correct? If not then why not? As you don't work then he needs to ring ESA and ask for it to be changed to Income Related ONLY because you don't work. If you're not named on his claim then you need to get him to add you to the claim so you're claiming as a couple.

      You can't just "change to the support group" you need to as for a supersession if his condtion has got worse. Being placed in the Support Group isn't about scoring points like the WRAG. It's about those descriptors applying to you and which one you think may get you into that group. It's not easy to be placed into this group. Asking for a supersession won't guarantee him the place in the Support Group. You'll need more evidence to support the claim for this. This is what he needs to do if he want to ask for this....

      Apply to the DWP office that made the decision. You can apply by phone or in writing. It is best to apply in writing so you have proof. Keep a copy of your letter and a note of the date you sent it.

      A decision maker will look at your application and decide if there is enough information to make a decision. They can ask you for more information or evidence if they need it.

      You will have at least one month to provide the information or evidence. You can ask the decision to allow you more time if it will be difficult for you to provide the information by the deadline. However, they don’t have to agree to this.

      If you don’t provide information by the deadline you've agreed with the decision maker, they will make a decision based on the information they have.

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    • Posted

      Yes im on his claim as partner but we are married he was put on contribution esa as he had to finish work due to a mini stroke which in the end he wouldnt be insured to carry on being a lorry driver so his ni contribution I guess has run out . But I still havent got a clear view on the amount he would get on the income related ,his employment support runs out on the 28 th November.do you think we should go and see his advertiser as his condition has got worst from the last time he saw her in july as now he has a mobility scooter .the only evidence we have is letters from his doctor we are also trying to fight a pip case as they have said he is fit for work .I wish they could what he is like at home
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    • Posted

      Also do you think we should change his claim now or wait till the 28th November? There must of been a reason why they put him on esa contribution , but also if there changing that benefit does the work related bit go to as it doesnt explain much in there letters .
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    • Posted

      You sound like you're very confused. The reason he was put onto Contribution Based ESA was because he worked and paid his National Insurance Contributions. This is always limited to just 365 days UNLESS you're placed into the Support Group when it would be unlimited as long as a person continues to be in the Support Group. Changing to Income Related has nothing to do with the work related going at all. His money would remain the same!

      The amount of money on Income Related would be exactly the same as Contribution based because he doesn't qualify for any of the added premiums because he doesn't claim PIP. I advice him to ring ESA first thing Monday and he'll have to do this and not you because it's his claim and tell them he wants to transfer to Income Related. DO NOT wait until 28th Movember for this, if you wait them your money will stop.

      To be placed in the Support Group has nothing to so with his advicer, (please see my other post about asking for a supersession) He'll need to write that letter stating the reasons why he thinks he should be in the support group and please remember that ESA is about the work you can do and not the work you can't do. More evidence will be needed for this, otherwise the decision is likely to go against him.

      As for his PIP claim, it's impossible for them to have found him fit for work because PIP isn't about work. People claim PIP and work. It's about how your condition affects you daily. Having an understanding in the way these benefits work would help you both. There's plenty of info available on the internet. Hope all this advice helps and that you understand.

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    • Posted

      Hi,

      When your hubby rings DWP about his ESA he needs to ask them to send him an ESA3 form. This form will enable the DWP to re-assess him to see if he's entitled to Income Related ESA. It may say the words "re-assess" somewhere on that form but don't be alarmed, it's not a re-assessment for another face 2 face assessment. It's just so the DWP can determine whether or not he's entitled to Income Related as his Contributions based is ending soon. The only thing that would stop his Income Related would be if either of you have capital/savings of over £6,000.

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    • Posted

      That last part of that post should have read capital/savings over £6,000 would reduce the ESA and over £16,000 would stop it completely.

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    • Posted

      Hi there,

      You say he needs the esa3 form

      To get income related but there going to put him on that when his contributions run tho OR do you mean for him to start the ball rolling now he'll need the ESA3 ?

      We definitely havent got £6000/£16000 id be laughing if I did

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    • Posted

      Yes he needs to fill that form out so they can check he qualifies for Income Related. Ring them tomorrow because if you wait until his Contribution Based runs out then his money will stop.
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    • Posted

      I just throught he would automatically be put on it from what his letter says ,they dont really explain themselfs that well in letters do they .yes im going to get him to ring first thing in the morning and copy all that you have written to me for him to read also .
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    • Posted

      Oh just one last thing say that they say that he dont qualify for it then what .even tho it says in the letter about the change over sorry but I suffer from anxiety and to get things straight in my head
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    • Posted

      I don't know why you thought he'd automatically be transfer to Income related. I've just read your first post again and you said he recieved a letter yesterday saying his ESA Contribution based will stop in November because of the 365 day rule. You need that form i told you about.

      If you don't work and you have no savings, there won't be any reasons for him not to qualify. He'll be transfered to Income Related.

      The benefit calculator you used can only give correct info if everything you put in is 100% correct. I used a benefit calculator a few days ago just to text how accurate they are and it was 100% accurate.

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    • Posted

      If op works more than 16 hours your entitled to income related nothing literally just did this all a week ago, that's why UC is actually more helpful to people like us smile but if op doesn't work at all it's fine. My partner is on 0 hours and I was entitled to nothing even though some weeks he isn't at work due to no work. The reasons he won't qualify is if op works or he's now been deemed fit etc etc but there isn't a lot info to say

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