If I don't fill in the form does that mean they will take my ESA from me? — Scope | Disability forum

If I don't fill in the form does that mean they will take my ESA from me?

Gold15
Gold15 Member Posts: 4 Listener
edited November 2018 in Employment and Support Allowance (ESA)
Hi I have today received a form saying that I get ESA contribution based and maybe entitled to Income Related Employment Support Allowance, the form is asking about every ones income who live with me, if I don't fill in the form does that mean they will take my ESA from me?
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Comments

  • Pippa_Alumni
    Pippa_Alumni Scope alumni Posts: 5,799 Disability Gamechanger
    Hi @Gold15, and a warm welcome to the community! Hopefully some of our members will be able to help you with this.
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  • CockneyRebel
    CockneyRebel Member Posts: 5,217 Disability Gamechanger
    Hi Gold and welcome

    If this is an ESA 3 form it is just a financial check to see if you are owed money from when you were put on ESA
    It is nothing to worry about but if you don't complete and return it they will be unable to assess whether you are owed money

    CR
    Be all you can be, make  every day count. Namaste
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  • Gold15
    Gold15 Member Posts: 4 Listener
    Hi thank you for replying so quickly, will it effect my claim if I get a private pension and I have 2 children who work and live with me?
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  • poppy123456
    poppy123456 Member Posts: 24,875 Disability Gamechanger
    Hi,

    Yes, your pension will counted as income £1 for £1 when calculating any income related top up on your contributions based ESA. The income related top up this year is £16.40 per week for the Enhanced disability premium. This means if your pension is more than this per week then you won't be entitled to any top up.

    Living with a partner that works, savings/capital also affects means tested benefits.

    Whether you're entitled to any backdated money will depend on how long you've been claiming the pension for.

    Your children's income isn't counted.
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  • CockneyRebel
    CockneyRebel Member Posts: 5,217 Disability Gamechanger
    Any household income does have an affect on IR element They will be assessing back to 2011 if you were in receipt of benefit then as you may not have been assessed for IR between then and now.  Any period within that time frame when you might have received an IR top up will be looked at and if you do qualify then a back dated payment should be made
    Be all you can be, make  every day count. Namaste
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  • poppy123456
    poppy123456 Member Posts: 24,875 Disability Gamechanger
    edited November 2018
    Income from children living at home isn't counted when assessing for Income related top up such as ESA.
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  • Gold15
    Gold15 Member Posts: 4 Listener
    Thanks everyone, but I am more worried if they stop my ESA because I get a pension, my husband also has a pension but doesn't claim anything from DWP.
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  • poppy123456
    poppy123456 Member Posts: 24,875 Disability Gamechanger
    They won't stop your ESA. This is to be assessed for the Income related top up. With pensions then it's doubtful that you'll be entitled to any top up but fill the form out and return it because you'll be assessed from when you transferred from IB.
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  • Gold15
    Gold15 Member Posts: 4 Listener
    Thank you so much, I have been worried all day, i will try and fill form out x
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  • BenefitsTrainingCo
    BenefitsTrainingCo Member Posts: 2,628 Pioneering
    Gold15,

    The form is to check whether you are entitled to any income-related ESA on top of your contributory ESA, so I don't think there is anything to worry about, as everyone has said. Your adult children don't affect your ESA.

    Your private pension may affect your contributory ESA, but the DWP should already know about this pension. A private pension only affects cont ESA if the pension is more than £85 a week. They only take into account half of the excess. Eg if a private pension was £100 a week, they would take £100 - £85 & divide by 2 = £7.50. So that would be £7.50 off your contributory ESA.

    Once you send off the form they will work it all out for you, looking at any income-related ESA you may be owed (which will also take your husband's income into account).  As others have commented it sounds as if you probably won't be entitled to income-related ESA, but you should send the form back anyway, just in case.

    If for some reason they don't have the current amount of your private pension they may need to adjust your contributory ESA. But if that is the case it is much better to tell them sooner rather than later; it is something you are supposed to tell them about.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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