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ESA IR back payment: asking for wage slips for a 4 year period

Misty77

Hi,
My partner is currently on contribution based esa, a few months back he received a letter stating that he may qualify for employment based esa too and he may be owed money from 2013, between 2013-2017 i worked less than 16 hours per week so we made the claim in the knowledge that from these dates we possibly could of been underpaid, March 2017 i began a new job working 30 hrs per week so realise that he would not qualify from 2017 onwards for the employment part of esa, we received a letter a few weeks back asking could i provide my wage slips from my new job, i sent these all off in full and heard nothing more until this morning when a letter arrived asking for all my wage slips from 2013-2017 when i was working less than 16 hrs, tried to call them however they are closed today.
Has anyone else had this experience?
Any advice would be greatly appreciated.
Thank you

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Misty77

***need to add that i do not have all the wage slip that they have asked for and not sure i would be able to get them***
Also i meant IR not employment based.

poppy123456

Hi,

When they calculate the Income related top up anything you earn that's more than £20 per week will be deducted £1 for £1 for the income related top up. From April 2018 the Income related top up was £16.40 per week, less in previous years. This means that if you was earning more than £36 per week then he won't be entitled to any income related top up.

If you earned less than this then it will be worth your while sending in the pay slips.

fredjr

I would say if you had your p60 I think it would show you're yearly wages, also you can have savings over 16k I'm sure on imcome bast you can't please correct me if I'm wrong

fredjr

As for phoning them I have spent hours on phone with they hidios music.

poppy123456

You are correct, savings affect income related but not contributions based.

One thing i forgot to add to my last comment. When claiming a means tested benefit like Income related ESA you claim as a couple, which is why a partner working affects the amount you can claim.

This is one good thing about claiming contributions based, your partners earnings don't affect it, so you get to keep all of it...Currently £110.75 per week (ESA Support Group).

fredjr

I SAID I did note want any refund as if its to good to be true.

poppy123456

fredjr said:

I SAID I did note want any refund as if its to good to be true.

Sorry but i'm confused. I was replying to Misty77 because they posted the question.

Misty77

Thanks, poppy123456: I'll ring on Monday but it doesn't look like he'll get anything as I probably earned about £120 per month during that time.

poppy123456

Based on those earnings, he may have been entitled to a very small amount of top up but it will be small. Any transitional support protection added onto the ESA when transferring from IB will also be deducted from the top up. Some had the protection, some didn't. Definitely worth ringing them because i have no idea who keeps that amount of payslips or P60's for any length of time.

If you were paid into your bank then bank statements maybe possible.

fredjr

Hi poppy I'm new though it was open for comments from all, I'll keep my nose out then

poppy123456

fredjr said:

Hi poppy I'm new though it was open for comments from all, I'll keep my nose out then

Pardon? Sorry but your previous comment didn't make sense which was why i replied to you.

Pippa_Alumni

Hi @fredjr, if you have a query of your own you may find it easier to post it as a new discussion. You can do so in our ESA discussions here.

worried33

If you cannot get the wage slips I would advise them it should be within their power to contact HMRC for the information.

Its the DWP's mistake, so I would think it unreasonable that if someone was unable to get all the backdated documents that they refused to pay on that basis.