Employment and Support Allowance (ESA)
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Benefit stopped

My husband has been on ESA since 2013 in its current form.  Last year they said he was fit to work after a medical assessment.  We appealed and won and they put him back on a work related benefit, which, unbeknown to us at the time you can only be on it for 365 days.  That has now come to an end.  What can we do now, they say he's not entitled to any benefit, and this week he received a letter saying that since 2013-2017 he was entitled to ESA - will they ask him to pay it back?  We are at our wits end now as he's no benefit, even though his doctor as said hes unfit for work, and won't get better, he can't afford all the medication he has to take either.

I'm looking for advise as to what to do next please

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited January 2019
    Hi,

    Was your husband previously claiming Incapacity benefit before ESA? and do you work or claim any benefits yourself?
    Community champion and 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.
  • stevenssstevenss Member Posts: 3 Listener
    Hi, yes he was, and he was in it when I met him back in 2000.  Sonic don't see how they can say after all this time he can work, when over time he's got progressively worse to the point he now can't walk unaided. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You didn't answer my other question. Do you work at all, if not do you receive any benefits yourself? It's difficult to help without all the information.
    Community champion and 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.
  • stevenssstevenss Member Posts: 3 Listener
    Sorry missed it.  Yes I do and I work more than 26 hours a week so he's been told he cstnt claim Universal Credit
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    That will be the reason why the ESA payments stopped because you work and he's not entitled to income related.

    The form he's received is because of a payment error and everyone that transferred from IB to ESA is being sent the ESA3 form. Some people were paid an income related top up on their contributions based ESA and were underpaid. DWP realised their mistacke and are now assessing everyone for the top up. If you've worked since he's been claiming and he's been in the WRAG then he won't be entitled to any back dated money.

    UC is totally different, claiming a means tested benefit means you claim as a couple. As you're only working 26 hours a week, you maybe entitled to a small amount of UC but it will depend on your circumstances. Who told you he can't claim it? Have you put both your details into a benefits calculator? If you can't do that then i'd advise contacting your local CAB who will do a full benefits check to see if you claim it. You maybe surprised.
    Community champion and 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.
  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Welcome to the community @stevenss, and glad to see you've had some guidance from Poppy. Wishing you and your husband all the best, please do keep us updated.
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