ESA3 Form - Should I bother?

hookymiss

Just looking for advice about entitlement after receiving, as many others have, the ESA3 income review. My husband was transferred from IB to contribution based ESA support group when the benefit was introduced. The form requests our circumstances are checked from Nov 2013.
I think over this period of time we exceeded capital/savings amount.

As my husband received a top up at point of transfer to ensure he didn't receive less money I don't think he would have been entitled to any income based top up.

He was awarded PIP daily living component at highest rate which in turn enabled me to receive Carer's allowance to cover my caring duties for him. Am I correct in thinking any enhanced/severe disablity premium he might have received would be cancelled out by this benefit I receive?

I find overlapping awards quite confusing.

I am also baffled where the form asks do you have a bank account, if yes amount as this has obviously fluctuated up and down over the five year period? It does only require  up to date bank statement as part of evidence?

Just deciding whether it's going to be worth my time finding out the period of time he only received CB ESA and no pip or carer's allowance was awarded to me, and trawling through all capital to check whether we exceeded £16k.

divadi

Hi I’m in same confusing position as you....if the Dwp made a mistake why don’t they just check the people who were moved....do there own donkey work and send if/whatever owed...I’m considering not pursuing as husband received personal injury award 

hookymiss

I have just read your thread Divadi and would say the injury award would count as having over £16k in capital over the review period. 

We had a car accident earlier in the year, not seriously injured but were offered to pursue personal injury claim, I was advised if we were in receipt of any benefits and an injury award was paid this value would be recognised as an income and effect benefit amounts. As my husband was finding the situation very stressful I decided not to pursue injury claim.

What we might me given in one hand is often taken away with another

poppy123456

Hi,

Any transitional protection he received when he transferred will be counted as income when assessing for the Income related top up. The Enhanced disability premium from April of the year is £16.40 per week, less in previous years.

The Severe disability premium is only payable if you live alone, or classed as living alone (unless both of you receive a qualifying benefit) and no one claims carers allowance for looking after you. It's highly unlikely based on what you've said that he would qualify for the SDP.

If you've never worked since he claimed ESA and all you claim is carers allowance for looking after him then you should be claiming ESA as a couple. It does pay more money per week than Contributions based alone.

As it's extremely difficult to advise on an internet forum then you should fill the form in and return it by the date stated in the letter and let DWP assess him.

Only savings of more than £6,000 affect means tested benefits. If you have more than £16,000 at any point then he wouldn't be entitled to any income related top ups.

hookymiss

Thanks Poppy.

I have never worked since ESA was awarded. The only other income we have is child tax credit and  child benefit.

Do you know how much extra we might be entitled as a couple?

There again the extra if entitled would probably decrease the amount of child tax credit we receive......swings and roundabouts!

poppy123456

I'm afraid i won't be able to answer that question. It really depends on how much transitional protection he's been claiming.

Your tax credits won't be affected because that's money for you children and you'll receive the maximum amount because you're claiming benefits.

All you can do at this point is fill the form in and wait for the decision. You'll need to put your details down as well, including your carers allowance claim.

hookymiss

Thinking back when on incapacity benefit we were classed as a couple hence the top up to CB ESA so I don't think review would bring any extra award or give entitlement to any back pay of missed entitlement. 

Having checked, our capital did indeed exceed £16k at one point so I will return form so confirm this.

poppy123456

If you are claiming ESA as a couple then it will be Income related you're claiming. This means the savings you have/had should have been reported because this would have affected the amount of ESA you would have been entitled to. Savings over £6,000 affect means tested benefits £1 for every £250 over that amount. Anything over £16,000 your ESA would have stopped.

poppy123456

ESA Support Group couples rates are as follows ( not including any transitional protection) Support Group couples rate £114.85 + £37.65 + £23.55 per week. Total £176.05 per week.

As you're claiming Carers allowance for looking after him this is deducted from the ESA so £176.05 - £64.30 = £111.75 per week.

ESA will then add a carers premium to the ESA of £36 per week. Then Carers allowance pay you £64.30 per week.

Total amount of ESA payable is approximately £147.75 per week. + the carers allowance of £64.30 per week.

These figures are correct from April 2018.

hookymiss

Thanks for this information. 

OK from those figures it would appear my husband's rate is for single claim as his breakdown shows £73.10 plus £37.65 then the top up amount.
 

poppy123456

No problem. That's good. Then you'll need to fill in the form putting all of your information down, including the savings you had/have. DWP will then make a decision based on the information given.

divadi

Thanks so far for advice from everyone I don’t think I’ll pursue not worth stressing myself for them.

clarkjohnson

Hello divadi yes it's all very confusing isn't it not good for mental stress at all . Merry Xmas