Unexpected letter- "we need to look at your claim" - Page 2 — Scope | Disability forum
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Unexpected letter- "we need to look at your claim"

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Comments

  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
    Not everyone will be eligible which is why you have to fill in the ESA3 form. This is a financial check on your savings and other income which has to be taken into consideration. There is a section that asks if you care for anyone or if you have someone caring for you
    Be all you can be, make  every day count. Namaste
  • tommyb
    tommyb Community member Posts: 5 Listener
    I've already returned the form they sent it out to me I didn't request it. I'm confused with the carer bit. My wife receives carers allowance does that mean I won't be entitled to payment they're talking about. Surely they would know that she's in receipt of carers allowance, I just don't understand why they've put on the form not to return it if you have 16k of savings or if you're partner has worked but no mention of carers allowance. Is there anyone whose spouse gets carers allowance that's qualified for this payment. I think that's what I'm trying to ask lol.
  • poppy123456
    poppy123456 Community member Posts: 53,355 Disability Gamechanger
    As you've returned the form then the only thing you can do is wait to hear back. As you live with your partner then claiming the Income related top up will depend on circumstances of both of you. It can take about 12 weeks to get a decision.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • kaizer
    kaizer Community member Posts: 12 Listener
    Hi my husband has just received this letter and esa3 form. We are a bit confused about filling it in as we have read that income related is to become universal credit (we don't want this). If he fills in  this form will he go onto a different benefit or will he still be on contribution esa, will his fortnightly amount be lower in the end, will dwp change his benefits or is it just to check to see if he is entitled to a back pay. We only just manage on what we get now so we don't want to be worse off. Please help and thank you to everyone.
  • prettypetal
    prettypetal Community member Posts: 4 Listener
    I was in your shoes a few months ago. Posted here too. Please dont be scared as I've now been paid the back payment and I am still on Contribution based ESA. But my amount has went up considerably by 130 a fortnight because of the enhanced benefits we missed out on. So please don't be scared to apply as we should ve been getting this all along. It's a positive getting this letter. As for Carers Allowance I don't think it will matter either way. If it does then you will find out by filling the form in. Nothing changes except you get more than you should ve been getting in the first place. 
  • kaizer
    kaizer Community member Posts: 12 Listener
    Okay thanks. Carers allowance doesn't apply to me because even though my husband is disabled and will never get better he's only on low rate dla, they said I can't be classed as his carer as I don't have to wake up in the night to give him any medication, hence why he only gor diven low rate and even though I can't work because I have to care for him. But thanks anyway for your reply.
  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
    What is it about?
    When Incapacity Benefit claimants and some SDA claimants were transferred to ESA the DWP failed to assess whether they should have received an Income Related ESA top-up to the Contribution Based ESA that they were awarded.

    Top-up not replacement
    The first thing you need to be aware of is that this is an ESA(IR) top-up to your existing ESA(CB), it does not replace it, you remain entitled to your ESA(CB).

    Universal Credit
    This is a an amendment to your existing ESA claim, it will not result in a transfer to UC as a new claim is not being made. To emphasise again, whilst the ESA(IR) element will at some time after the end of 2019 be transferred to UC, the ESA(CB) element will remain in payment and unaffected.

    Not a reassessment of your award
    This is not a reassessment of your existing ESA award, only whether you are eligible for the ESA(IR) top-up.

    How to qualify
    There are several reasons you may qualify for the top-up;

    1. you qualify for one or more of the ESA Premiums
    1.1 The Enhanced Disability Premium is paid for being in the Support Group, you are receiving DLA Higher Rate Care or you are Receiving PIP Enhanced Daily Living.
    1.2 The Severe Disability Premium is paid if you receive an enabling benefit such as DLA MRC or HRC or PIP Daily Living, no one receives Carers Allowance against the enabling benefit and you live alone or are considered to be living alone.
    1.3 The Carers Premium because you or a partner are entitled to Carers Allowance.
    2. The couples Personal allowance is payable.

    What stops you being entitled
    The first thing to say is that this ESA3 is looking at your financial situation over the whole period from when you were transferred to ESA up and till today. You may qualify for the whole period, you may have qualified on transfer but not now, now but not then, or just for periods during the whole period.

    There are three reasons why you would not be entitled, any one of the following will prevent payment of ESA(IR);

    1. Your household savings and assets exceed £16,000, or they exceed £6000 and the deduction from your ESA(IR) exceeds the ESA(IR) you would receive.
    2. Your partner works for 24 or more hours a week.
    3. Your household income exceeds the amount of ESA(IR) that you would receive. Note: Even if your pension is disregarded for the purposes of your ESA(CB), it is not for ESA(IR) and will be deducted in full.

    You are not sure that you qualify
    Rates have changed over the years but you can put your information into one of the online benefit calculators, see

    www.gov.uk/benefits-calculators

    You do not think you qualify
    If you are certain that throughout the period in question you are not eligible for ESA(IR) then you can return the form uncompleted, the DWP for there own records will want a reason for this, you can either tick one of the boxes that they supply or add your own explanation
    Be all you can be, make  every day count. Namaste
  • poppy123456
    poppy123456 Community member Posts: 53,355 Disability Gamechanger
    Filling out the ESA3 form you've been sent will not prompt a move to Universal credit.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • tommyb
    tommyb Community member Posts: 5 Listener
    So just because my wife is in receipt of carers allowance for me this doesn't necessarily mean that you're not entitled. Is that right, it's so confusing ??
  • poppy123456
    poppy123456 Community member Posts: 53,355 Disability Gamechanger
    tommyb said:
    So just because my wife is in receipt of carers allowance for me this doesn't necessarily mean that you're not entitled. Is that right, it's so confusing ??
    Your wife claiming carers allowance won't affect it. Other things could affect it though. Does your wife claim Income Support as well as Carers allowance? does she work? Savings/capital, pension can all affect the Income Related top up.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • tommyb
    tommyb Community member Posts: 5 Listener
    The only thing she gets is carers allowance and a very small amount of income support that's all she gets.
  • poppy123456
    poppy123456 Community member Posts: 53,355 Disability Gamechanger
    tommyb said:
    The only thing she gets is carers allowance and a very small amount of income support that's all she gets.
    The Income Support will be counted as income £1 for £1 when assessing for any income related top up on your Contributions based ESA.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • tommyb
    tommyb Community member Posts: 5 Listener
    Thanks for the info poppy just have to wait and see what happens. The letter stated from 2012 do it's a fair amount of time.
  • Endless21
    Endless21 Community member Posts: 1 Listener
    Just received this letter yesterday, I am a carer for my son who is 34. It seems to be based on partner income, is this right or will the fact that I get carers allowance and income support be counted??
  • shazden
    shazden Community member Posts: 2 Listener
    edited November 2018
    we too received this letter. my husband transferred to esa(cb) from ib (cb) he was on dla higher rate for both I was on dla high mobility low care. on ib he was entitled.to an allowance for me and the kids when he changed to esa. he didn't get this allowance. I claim carers for him would he be entitled to the extra on ir due to allowances for me and the kids
  • poppy123456
    poppy123456 Community member Posts: 53,355 Disability Gamechanger
    Endless21 said:
    Just received this letter yesterday, I am a carer for my son who is 34. It seems to be based on partner income, is this right or will the fact that I get carers allowance and income support be counted??
    The Income related top up depends on many things. A partner working, savings capital and other household income. Income or benefits from anyone else other than a partner that you live with doesn't count.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • poppy123456
    poppy123456 Community member Posts: 53,355 Disability Gamechanger
    shazden said:
    we too received this letter. my husband transferred to esa(cb) from ib (cb) he was on dla higher rate for both I was on dla high mobility low care. on ib he was entitled.to an allowance for me and the kids when he changed to esa. he didn't get this allowance. I claim carers for him would he be entitled to the extra on ir due to allowances for me and the kids
    That will totally depend on circumstances. If you claim Income support as well as carers allowance. Savings/capital and other household income. Your partner would not receive any extra money in his ESA for your children. Money for your children comes from tax credits and child benefit.

    All he can do is fill the form in and return it. It can take 12 weeks for a decision and they'll write to him when the decision is made.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • shazden
    shazden Community member Posts: 2 Listener
    edited November 2018
    thank you poppy123456. i did not claim is for myself but did get child tax and cb on ir would we be given a couples allowance  Edp  and carers premium 
  • kaizer
    kaizer Community member Posts: 12 Listener
    Hi, just a few quick questions. On the esa3 form it asks about other bank accounts since the date on the front. I only have the one where my husband's esa goes into, do i need to put this one or does it mean any new ones. Also my son has now turned an adult this year so we no longer get ctc or cb for him so where it asks about other income do i put what we get now or when my son was a child and where it ask about other people living with us do i put my son even though it previously asks about children living with us from 2012. This form is so confusing as one part they are asking about past then now. 
  • [Deleted User]
    [Deleted User] Posts: 273 Pioneering
    Hi Kaizer

    I'd just be as clear and as accurate as possible - so include all bank statements held since the day the DWP are asking about; include that you had CHB and CTC but this stopped on such-and-such a date, say when your son moved out, and so on. 

    I hope this helps.

    It is laborious, but it might be worthwhile!

    Gill_Scope


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