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ESA entitlement

Posted , 5 users are following.

pammied
pammied

Hi

My niece was on long term sickness having having a breakdown. She had been on Incapcity Benefit and was transferred to Income related ESA.

She was later put into a Support Group and received Disability Income Guarantee.

In December 2015, her partner moved in with her and she notified ESA to ensure that she kept them informed.

They immediately stopped her ESA and consequential said she was not entitled to it as her partner works.

He is not highly paid so she was surprised as she is still sick and unable to work.

She cannot sign up for Jobseekers as she is along way from being well enough to work. She is still receiving psychotherapy treatment.

Is she entitled to anything - should she pursue this?

She has a daughter and received child allowance and child tax credit. She also gets PIP high level care.

Can anyone advise?

0 likes, 17 replies

17 Replies

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  • anthony97723
    anthony97723 pammied

    Posted

    Hi Pammied

    From the information supplied it would appear the DWP have made a mistake. Your Niece should have only lost the income guarantee as that is an income based top up.

    However, she should still receive the £109.10pw ESA paid to those in the SG. As a taxable income it would have an impact on Housing Benefit/Council Tax Reduction but overall they would be much better off with the ESA payment.

    Your Niece needs to write to the DWP immediately and ask for a Mandatory Reconsideration pointing out that anyone in the Support Group is entitled to Contribution Based benefit of £109.10pw

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