Employment and Support Allowance (ESA)
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ESA and Non Dependents in Scotland

In Scotland if a non dependent who works full time and has moved in with a family member who receives the maximum ESA, the person is on pip for disability and unable to work. How much will that person lose in benefits.At that time the DWP assumed she was single. They made the mistake. As the person was already living there. They are now reducing the persons maximum esa to the minimum esa as they said they were informed of the change in circumstances. Is it not just the premium amount she should lose whatever that is in scotland. Are the DWP correct in taking drastic measures. Very worried disabled person. Please reply soon.

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    There's no non dependent deductions for ESA. If they were previously living alone they would have lost the severe disability premium on their ESA, this is £64 per week.

    You also mention about the DWP assuming the person was single, are they a couple? If they are a couple then this is completely different. If the person claiming ESA was claiming Income Related ESA if the partner works 24 hours or more per week then they won't be entitled to ESA at all.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • scotland2018scotland2018 Member Posts: 4 Listener
    The family member starting living with the relative before she stopped work through ill health.The relative was there before she applied for the ESA. When completing the ESA application form in april or may last year the person cannot remember whether or not she completed section 18 the part about anothet person living with them. Is she allowed to ask for a copy of her completed application form under the data protection act. If she completed section 18 then surely they cannot reduce her benefit as she told the truth. If she genuinely forgot to fill it in what happens. The person is divorced (single) and has no partner. Currently they are asking for a copy of her first pension payslip. What happens next. Thanks for the information.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    They can ask the DWP for a subject access request (SAR) this will tell them all the information they have about them and their claim.

    However that maybe pointless because i see you have mentioned the person has been asked for her pension payslip? You did not state this in your previous post. What sort of pension is she receiving and how much per week does she receive? If the persons ESA is Income Related then any ill health pension received will be deducted from her ESA £1 for £1. If it's Contribution based with an Income related top then they will be allowed to keep the contribution based part of ESA IF the pension is less than £85 per week. Anything over this and there will be further reductions.

    It sounds like to me that the reason for this deduction is the pension they are receiving. Did they report the changes of circumstances to DWP when they first received the pension? All changes of circumstance must be reported. Any overpayment occurred since the pension started will need to be repaid. They do need to send the DWP everything they have asked for.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • scotland2018scotland2018 Member Posts: 4 Listener
    I will check with her about what type of pension she is on. I think she only gets £100 per week for her pension. Will check. Why would she have to report a change when the information is within the application form.  Otherwise she did not tell them. It was a genuine  mistake on her part. She receive,s an ESA of £191 per week (maximum). She is phoning the pension people for a copy of payslip. You never answered my query on asking for a copy of the application form.She is doing everything that is asked of her. She is an honest person. What is the next step in their procedure.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    As her ESA is Income Related or Contribution based with an Income Related top up then she will lose almost all of what she gets from her pension and it will be taken from her ESA.  It sounds to me like it's an Occupational or private pension. What's the age of the person?

    The question is, when did she start claiming this pension and when did her ESA claim start?

    Does the person she lives with claim a disability benefit too, like PIP or DLA? If not then £191 per week means she's been receiving the Severe Disability Premium, which she shouldn't be because she doesn't live alone. This is £64.30 per week which she's being over paid on. Any over payment will need to be re-paid and will be taken from her ESA at some point in the future, if it isn't already.

    I told you how to ask for the information, as stated she needs to ask for the SAR please read the previous comment. Contact ESA for this.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • scotland2018scotland2018 Member Posts: 4 Listener
    The person is on a works plan pension and was 59 when she claimed. Her pension started last August and possibly made an ESA claim June 17. The relative has no benefits as she is an abled body person.Are you able to tell me how much she will now lose from her ESA. She knows that she has to pay back something from August 2017. I have noted the info about the SAR. Thank You.6
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It depends how much pension she claims weekly and whether her ESA is Contribution based or Contribution based with an Income related top up. Without more information regarding this then it's impossible to answer your questions. She can use a benefits calculator and if her details are put in correctly they're are quite accurate.

    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
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