Employment and Support Allowance (ESA)
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JOINT ESA CLAIM

LauraDLauraD Member Posts: 6 Listener
Both me and my partner claim esa i also get dla but have just had pip forms thro, we was told back in jan when he moved in because we are both contribution based we could keep everything like it is. Today we have been told that we must make our claim joint and its best if i do it as i get dla. they have suspended all our money until this is sorted. i have a long list of illnesses and my partner is paranoid schizophrenic recently diagnosed, we didn't get any notice on this we just didn't receive payment yesterday. now we don't know what or where to turn so any help would be gratefully received.

Replies

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

    With a complex situation like this you really do need to get some expert advice. Without knowing both of your circumstances in the past it's impossible to give any advice. CAB/welfare rights or a law centre would be the ones to contact near you.
    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.
  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,731 Disability Gamechanger
    Welcome to the community @LauraD
    I have asked @BenefitsTrainingCo to have a look at your post and I hope they can offer some advice soon.
    Scope
    Senior online community officer
  • LauraDLauraD Member Posts: 6 Listener
    thank you all ive spoken to a few people and it turns out what we was told in jan was wrong and there now saying we got to do an esa3 form to do a joint claim its all very confusing being told one thing then another. so we are now waiting for forms. we were also told that we might of been overpaid and will have to pay it back which seems unfair as we were given the wrong info to start with, you can imagine the amount of stress this has all caused so at the min we are left to live on the benefit i get for my ten year old son. it all seems very complicated and very very stressful.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Who told you that you were both claiming Contributions based? Contributions based is paid to those that worked in the previous 2 tax years before their claim and paid enough NI contributions. Or you were both transferred to ESA from Incapacity benefit. If none of these apply then you will have both been claiming Income related and yes an overpayment will be most likely.
    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.
  • LauraDLauraD Member Posts: 6 Listener
    they told us because we were both contribution based we could stay as we was, now there saying that's not the case we are so confused over it all I'm trying to find out as much as i can from other sources as they seem to keep changing the rules. so now we are waiting for phone calls and forms and asking for help as we just don't get any of it.im trying to sort this mostly even with all my illnesses as my partner cannot get his head around it. thank you all though.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    They haven't changed the rules for contributions based eligibility. In my previous comment above i asked you some questions which you didn't answer. Did any of those apply to either of you when you first claimed ESA?
    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.
  • LauraDLauraD Member Posts: 6 Listener
    sorry its confusing me ive been on esa for along time was on incapacity before ive several long term illnesses which are for life unfortunately. my partner worked until last year was before we got together he had several problems which lead to his diagnoses he use to have hand in sick notes before but was put on esa after diagnoses. when he moved in with me back in jan we rang benefits told them everything and they then told us we could stay as we was the only thing that changed was housing benefit and council tax i had to pay more so we thought it was all sorted till yesterday. Hope this helps sorry.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Those that transferred from Incapacity benefit were placed onto Contributions based but whether you remained on that will depend what group you were placed into when you transferred. If you were in the WRAG then Contributions based is only paid for 1 year. Then it's transferred to Income related if you qualify.

    What you really need to do is take all of your paper work to a local advice agency for yourself and your partner and then let them have a look, they will be able to tell you exactly what each of you were claim whether it was Contributions based or Income related. It's extremely difficult to give advice here because know one can see your paper work etc.

    CAB or welfare rights will be a good place to start. Good luck.
    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.
  • LauraDLauraD Member Posts: 6 Listener
    i have been in touch with several welfare groups but it seems to be confusing to everyone even the actual advisor from the benefits office got very confused. My partners esa states its contribution based and mine is the same i was in a support group not sure if i still am have to find that paperwork but the last letter i received was assessed on my ni contribution record i do have an appointment on tue with disability direct just hoping they can help. 
  • AranAran Member Posts: 18 Connected
    Hello Welcome @LauraD here is the link that tells you all about ESA https://www.gov.uk/employment-support-allowance/change-of-circumstances 
    Hope they get you sorted 
  • LauraDLauraD Member Posts: 6 Listener
    thank you ive had a call off citizens advice and now have an appointment to see them to get this sorted hopefully but would like to thank all on here.
  • AranAran Member Posts: 18 Connected
    Citizens advice is always helpful.
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