Income related ESA and partners pension

basket

Hi My name is Dave. I have been getting income related ESA for a while now. My wife got a got a lump sum from her personal pension. I believed this to be her money and that it would not effect my benifit. I read the book that came with ESA and it appears to say I have to declare it. I am now very worried that I should have declared it and the longer it goes on the more worried I am. But from my point of view this is her money not mine. Any advice would be gratefully received.

Albus_Scope

Hey there @basket and welcome to the community.

Unfortunately they would count the lump sum from your wife as savings, so they may lower your esa a bit for a while if it's between £6k and £16k. It'd be best to speak to someone from the DWP, but please try not to worry!

Kimmy87

As your ESA is Income Related, your wife's income & savings will be relevant to your ESA entitlement. As it is calculated on household income and savings.

basket

Hi thank you for your answers. When I was transferred on to ESA from what I belive was incapacity benifit at no time did the ask about income or savings. What happens if the lump sum is over 16k ? I don't want to break any rules or laws but am now very nervous to contact them and rock the boat. I also think this IIt an unreasonable rule as just because your partner has some money does not necessarily mean you have access to it.

Kimmy87

If you transferred from Incapacity Benefit, that would have converted to ESA Contributions based, which is not affected by household capital/savings.

You might also get ESA IR as a top up.

Unfortunately the ESA letters are very hard to understand, if your ESA is more than £138.20 a week then it's probably both.

Partners in a household are expected to support each other rather than rely on the state. The income based benefits are for those without means.

It might be an idea for you to contact a local welfare rights organisation

https://advicelocal.uk/welfare-benefits

Kimmy87

If you transferred from Incapacity Benefit, then that would have changed to Contribution Based ESA.

CB ESA is not affected by household income/savings.

It's possible you also get IR ESA as a top up.

Unfortunately the letters are really hard to understand, so you might need to telephone them and ask.

Rightly or wrongly partners sharing a household are expected to support each other, rather than relying on the state for income based benefits, intended for those deemed without means.

basket

I think I will have to bite the bullet and ring them. I think people are probably correct and I was transferred to contribution based ESA although I can't find anywhere it tells me. If this is the case would my wife's lump sum or monthly payment be taken into account. Thank you all for your kind advice.

Kimmy87

If you are on only CB ESA then no it wouldn't be taken into account.

If you are on CB and IR, then only the IR would be effected-which should make up the minority of your award, meaning the majority of it would be safe.