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Unexpected letter- "we need to look at your claim"
JamesG
Member Posts: 6 Connected
Hello there. I received an unexpected letter yesterday, it titled "we need to look at your claim"
It states "we need to decide if you might be eligible for income-related esa from the date 05 November 2013" and "if you're eligible you may be entitled to extra payments, these are called premiums"
It further down states I won't be eligible between date above and now if
*I've had or have a partner who's worked more than 24hrs a week,
*I've had or has saving over £16k
*if I've had or have a partner and their or our combined savings add upto over £16k
I have been in receipt of ESA since I'm guessing around that date, I was awarded contribution based esa aswell as care group status. I've been receiving around £112 a week accordingly.
I am registered blind and my DLA was switched to PIP on the 6th of Jan, where I was awarded enhanced for both parts.
I live on my own, am single and this is what is concerning me over this random unexpected letter and especially as it questions so far back. Is it a standard letter they send out after being awarded ESA for 5 years, or a letter that they'd send out some months after switching from DLA to PIP and finally why does it talk about income based ESA and not contribution based, as that is what I've been entitled to?
Thank you for your help and apologies if I'm just getting worried over nothing
It states "we need to decide if you might be eligible for income-related esa from the date 05 November 2013" and "if you're eligible you may be entitled to extra payments, these are called premiums"
It further down states I won't be eligible between date above and now if
*I've had or have a partner who's worked more than 24hrs a week,
*I've had or has saving over £16k
*if I've had or have a partner and their or our combined savings add upto over £16k
I have been in receipt of ESA since I'm guessing around that date, I was awarded contribution based esa aswell as care group status. I've been receiving around £112 a week accordingly.
I am registered blind and my DLA was switched to PIP on the 6th of Jan, where I was awarded enhanced for both parts.
I live on my own, am single and this is what is concerning me over this random unexpected letter and especially as it questions so far back. Is it a standard letter they send out after being awarded ESA for 5 years, or a letter that they'd send out some months after switching from DLA to PIP and finally why does it talk about income based ESA and not contribution based, as that is what I've been entitled to?
Thank you for your help and apologies if I'm just getting worried over nothing
Replies
I currently do not have anyone claiming carers allowance for me as everyone that does lend a hand also works full time, I am living alone though yes.
According to 1 esa letter which I can find dated Jan 2015 I recive(d) per week
Living expenses = £73
Support group = £36
Top up from IB = £2.75
Total £112.05
So you're saying they'll be wanting to switch me from contribute based to income based, which that enables me to claim extra premiums on top and also I should be due a backdated claim?
Thank you again for all the help
After reading other similar posts I'm a little confused on one matter. Does anyone know if they'll be holding off, from paying any money once they've received a completed new application?
I hope not as a minimum of 4 weeks only living on my PIP and living on my own really will be difficult for sure
Gill_Scope
Gill_Scope
When Incapacity Benefit claimants and some SDA claimants were transferred to ESA the DWP failed to assess whether they should have received an Income Related ESA top-up to the Contribution Based ESA that they were awarded.
Top-up not replacement
The first thing you need to be aware of is that this is an ESA(IR) top-up to your existing ESA(CB), it does not replace it, you remain entitled to your ESA(CB).
Universal Credit
This is a an amendment to your existing ESA claim, it will not result in a transfer to UC as a new claim is not being made. To emphasise again, whilst the ESA(IR) element will at some time after the end of 2019 be transferred to UC, the ESA(CB) element will remain in payment and unaffected.
Not a reassessment of your award
This is not a reassessment of your existing ESA award, only whether you are eligible for the ESA(IR) top-up.
How to qualify
There are several reasons you may qualify for the top-up;
1. you qualify for one or more of the ESA Premiums
1.1 The Enhanced Disability Premium is paid for being in the Support Group, you are receiving DLA Higher Rate Care or you are Receiving PIP Enhanced Daily Living.
1.2 The Severe Disability Premium is paid if you receive an enabling benefit such as DLA MRC or HRC or PIP Daily Living, no one receives Carers Allowance against the enabling benefit and you live alone or are considered to be living alone.
1.3 The Carers Premium because you or a partner are entitled to Carers Allowance.
2. The couples Personal allowance is payable.
What stops you being entitled
The first thing to say is that this ESA3 is looking at your financial situation over the whole period from when you were transferred to ESA up and till today. You may qualify for the whole period, you may have qualified on transfer but not now, now but not then, or just for periods during the whole period.
There are three reasons why you would not be entitled, any one of the following will prevent payment of ESA(IR);
1. Your household savings and assets exceed £16,000, or they exceed £6000 and the deduction from your ESA(IR) exceeds the ESA(IR) you would receive.
2. Your partner works for 24 or more hours a week.
3. Your household income exceeds the amount of ESA(IR) that you would receive. Note: Even if your pension is disregarded for the purposes of your ESA(CB), it is not for ESA(IR) and will be deducted in full.
You are not sure that you qualify
Rates have changed over the years but you can put your information into one of the online benefit calculators, see
www.gov.uk/benefits-calculators
You do not think you qualify
If you are certain that throughout the period in question you are not eligible for ESA(IR) then you can return the form uncompleted, the DWP for there own records will want a reason for this, you can either tick one of the boxes that they supply or add your own explanation
I'd just be as clear and as accurate as possible - so include all bank statements held since the day the DWP are asking about; include that you had CHB and CTC but this stopped on such-and-such a date, say when your son moved out, and so on.
I hope this helps.
It is laborious, but it might be worthwhile!
Gill_Scope
The ESA have written back asking for 5 years of bank statements, and to answer a question I'd missed, by February 5th. Chronic physical issues (double pip enhanced) and long-term support group ESA; also severe dissociation, and am overwhelmed at how to provide 5 years of bank statements. That would be 60 pages or more? I'm not even sure I can carry that (single, housebound).
Thank you for the post and I'm sorry for the delay in replying.. I'm wondering whether there's any local help yo can get with the form or with collecting the bank statements from the bank. I guess if you don' t do internet banking AND have a printer at home, they would send them to you in the post; you have to divide them up and send them on.
If you want to search for local help, try www.advicelocal.uk. I realise that this might or might not help with the practicalities of the administration for this.
Best wishes
Gill_Scope
I'd made another thread, and then found that DPD do collect/deliver, which is great, and also proves postage. DPD are always very good about deliveries, so it'll be good to get these sent (arrived in multiple different envelopes, so I've needed to wait, to be sure they've all arrived). Thank you for the link; much appreciate.
Best wishes, and have a lovely day.
Also, whilst getting a certain level (middle rate) of the care component of DLA does satisfy one of the conditions for getting a severe disability premium, the mobility component doesn't make a difference to your entitlement to ESA. There no premium that you qualify for because of having the mobility component of DLA or PIP.
Gill_Scope
Agreed Poppy. Midas, you don't need to call them to say you have high rate mobility of DLA - their letter shows that they already know. One occasion when you don't have to worry. It makes a nice change.
Gill_Scope
Thanks
Scope community team
Scope
Thank you @poppy123456 for answering this.
Is there anything else we can help with?
Scope community team
Scope
Unfortunately there aren't any statutory targets for this work, as with everything the DWP does, but obviously the longer the delay, the longer you are losing out - and so you could complain.
The DWP say that they aim to contact everyone affected by December 2019. They publish updates on this exercise every few months (the latest was in July 2019 & the next will be in October)
We don't know the average wait between being contacted & a decision, but we do know that in July 2019, of the 460,000 people who had been contacted at that stage, nearly 90,000 were still waiting for a decision. So it's very clear that it is slow progress.
You can see more information here.
I've looked to see if anyone has asked a question in the House of Commons or via Freedom of Information on the average wait, but haven't found anything.
If you've lost out in other ways (for example, having to pay for prescriptions), then it may be worth a complaint in any case.
Will