ESA going from income related to contribution

V8sonic

I need help,I've been taken off income related ESA to contribution ESA, the reason the dwp says is that my partner works 16 hours a week at minimum wage,they've know about my partner working from the very beginning, that was March 2017,then January of this year they changed me over,it took till the end of February/March to find out way,I've lost all my enhanced payments, I've got to pay more rent as my housing benefit has been reduced, can anyone tell me if this decision is right,I've tried arguing with the dwp,but all I get back is whilst my partner is working I've got to stay on  contribution ESA,. Many thanks in advance 

Ami2301

Hi @V8sonic welcome to the community! Sorry to hear what has happened. I am unsure however our community members will know and will be in contact with you soon to advise. Please let us know if you have any further questions

mikehughescq

No-one here can tell you absolutely  if the decision is right as you’d need to disclose full income/capital details online which isn’t something you may wish to do and nor is it especially sensible. You have the right to challenge the decision via mandatory reconsideration but I’d get face to face advice as to whether there’s any reason to challenge it as on the face of it, yes, it would appear likely to be correct. If DWP did in fact know of the employment then a decision about a recoverable overpayment may  follow and again you’ll need face to face advice about that as it may be possible to challenge recoverability depending on the facts of the case. 

Logically your household income has increased so one would expect a reduction in ESA and HB/CTR but it’s always worth checking the amounts are correct. 

poppy123456

When claiming Income related ESA a partners earnings are counted as income. They will be allowed to earn £20 per week before the Income related top up is affected. Anything over this amount that your partner earns your Income related ESA will be deducted £1 for £1. If you were claiming just the Enhanced disability premium in your ESA then your partner working 16 hours per week would reduce that to zero. Contributions based ESA isn't affected.

I agree with Mike that is seems like their decision is correct but no one can tell you for sure on a forum.