Employment and Support Allowance (ESA)
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ESA are penalising me

JuveaglesJuveagles Member Posts: 5 Listener
Hello towards last year I received a letter from ESA regarding that I maybe could be entitled to ESA (IR) as I get ESA contribution at the moment. Beforehand I was getting IB and to my shock from 2012 it had changed to ESA but years down the line I got two letters saying that I had to pay for prescription and dental charges and that’s how I found out I was on contribution without anyone telling me. So reluctantly I had no choice but to pay the charges. So I received a letter and form telling me that I could be wrongly paid back from 6.9.12 to present so I had to fill a ESA (IR) form. I am married and at the time my wife was working until 2014 when she retired so to cut the story short I firstly got a letter from ESA as I sent proof of my wife’s last wage slip in 2014 and without a covering letter to even say here are the slip back so bearing mind from 2014 my wife is a pensioner and to my disgust I receive a letter from ESA and I quote “Thank you for the information we asked for regarding our review of entitlement to Income related ESA (ESA(IR)). We have reviewed your benefit and having looked at the information you gave us, you are not entitled to (ESA (IR)) from 6.9.12. As a result there is no change in your benefit. 
Why you are not due ESA (IR)
You have a partner and they were working for 24 hours or more a week from 1.9.12.

So basically they are penalising me because my wife worked until 2014 but yet the rest of that time she has retired but I don’t get anything for the rest of that time to present which is totally not fair. Through their mistake of putting into ESA contribution when it should be ESA income that I am untitled to. I am totally upset and devastated I told the truth and for what through their mistake. I cannot contact them until Monday for an explanation in making my life a misery. My question to you is do I stand a chance of claiming what’s rightly mine or is it a case of been let down. 

Replies

  • steve51steve51 Community champion Posts: 7,175 Disability Gamechanger
    Hi @Juveagles

    Good Evening I’m very very sorry to hear about your current problems with your ESA.

    Do you have a local CAB Office as they would be very very helpful in this situation????

    By the looks of things then as soon as your wife retired then things with your ESA should have done so!!!!!!!

    Unfortunatly life isn’t like that!!!!!!

    Please keep me updated if possible???
  • JuveaglesJuveagles Member Posts: 5 Listener
    edited January 2019
    Hello @Steve51,
    thats what I cannot understand they refused me because of my wife who was working at the time but before that I was on Incapacity Benefit and was getting free dental and prescription and it was only until I got a letter regarding charges because I was on contributions ESA. It’s not fair that they refused my claim and I clearly stated my wife had retired and sent her last payslip as proof. The claim was from 6.9.12 to present day in which my wife retired in April 2014 so what about the rest of that time as they know this which has angered me no end. So my question Steve is will I stand a chance getting the claim since my wife retired as I can understand not able to on 6.9.12. I am going to call my local welfare rights tomorrow morning. 
  • steve51steve51 Community champion Posts: 7,175 Disability Gamechanger
    Hi @Juveagles

    Good Morning 😀 

    How are you this morning??? 

    Have you contacted anyone as yet???

    Please please let me know if you need any help??? 

    @steve51
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    it seems like they haven't taken into consideration your wife retiring, However, depending on what benefits your wife receives they could be counted as income for the income related top up. Does she receive pension credit, works pension, state pension?
    Community champion and 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.
  • JuveaglesJuveagles Member Posts: 5 Listener
    @poppy123456
    As things stand back in 2012 my wife was working until 2014 when she retired, in 2016 she got attendance allowance due to her age as she couldn’t get DLA and in 2017 after I found out about that I was on contributions ESA after getting a letter from NHS regarding dental charge which was a total shock as in the past I was getting free dental treatment and because now that I found out because of me on contributions I had to pay. So after we applied for care allowance which we were turned down then my wife got pension credit since 2017. I am very angry at the decision as through their mistake I still won’t be able to have any backdate money. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    What was she claiming when she finished work in 2014? Were you claiming ESA as a couple then? As you say you were once entitled to free prescriptions this makes me think you were claiming ESA as couple at some point.

    Pension credit is means tested so you won't be entitled to any income related top up since she's been claiming that.

    Do you claim PIP or DLA yourself, if so what award do you have?
    Community champion and 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.
  • charlie79charlie79 Member Posts: 191 Pioneering
    i AM A QUALIFIED DENTAL NURSE ASK THE DENTIST FOR A FORM I THINK ITS CALLED AN E111. I LEFT THE INDUSTRY 7 YEARS AGO. iTS BASICALLY A FORM YOU FILL OUT STATING YOUR FINANCIAL CIRCUMSTANCES AND IF QUALIFY EITHER GET PART HELP OR FREE DENTAL TREATMENT
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It's the NHS low income scheme (HC1 or HC2 form that you need to fill in for free NHS treatment, not the E111. https://www.nhsbsa.nhs.uk/nhs-low-income-scheme

    Community champion and 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.
  • charlie79charlie79 Member Posts: 191 Pioneering
    Your right actually sorry for the mistake its been a while.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    No worries at all :)
    Community champion and 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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