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ESA Backdate review been declined

Hello all, I have joined this forum to try to get some advice for my husband, who became totally blind at age 40 after working all his life.  He was transferred from IB to ESA (C) on 22/12/12.  He always wondered why, considering he had always worked and "contributed" that his disability benefit did not allow him to get the additional benefits such as free dental and prescriptions when others we knew who had never worked were entitled to them.  So it all became clear and seemed to make sense at last when we received the ESA3 form and letter, which we filled out to the best of our remembrance, as the last six years have been quite complicated for us.  We have just received a letter saying that he is not entitled to ESA(IR) from 22/12/12 because his partner (me) was working for 24 hours or more a week from 22/12/12).  Before we phone them, I wonder if anyone can tell us if they can see from the following whether there is any time that he would have been entitled to ESA(IR).  Thanks very much. 

1.  I was working full time on 22/12/12, but my job ended on 25/1/13 (so only 1 month of work after the transfer) and a month or two after that I starting receiving Job Seekers Allowance, which ended on 15/5/2014 (one year later). So this would have affected my husband's entitlement?

2.  In June 2013 (six months after the transfer to ESA(C)) my husband received an inheritance from his mother, so he cancelled all income related benefits and received only ESA(C) and DLA.

3.  I cannot find any paperwork before April 2014, but by that time (according to our bank statements) we were again receiving maximum Housing Benefit (so the inheritance money had gone by then).  I was still on Jobseekers until 15/5/2014, then we went to the Jobcentre for advice and I was told to apply for Income Support, and Carer's Allowance for my husband, and that he would be better off continuing to claim ESA(C) as he would get more money than if he went on ESA(IR). 
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4.  One year later, in June 2015, I returned to work, 28 hours a week, and so did not receive IS or CA, however we continued to get Housing Benefit (and my husband still had his ESA(C) and DLA).  The job was for nine months, so in April 2016 I again applied for Carer's Allowance and Income Support.

5.  So, since April 2016 we have received: My husband: ESA(C), DLA, Housing Benefit.  Me: IS and CA.   

It seems to me that there must be some times during the above when my husband would have been eligible for ESA(IR), but of course it is so confusing that I really have no idea.  I can believe it may be the case, but receiving what amounts to a two-line letter denying the claim makes me a little more suspicious.
Can anyone help please?
Many thanks for reading, and for your responses.
 

Replies

  • poppy123456poppy123456 Posts: 7,169Member, Community champion Brian Blessed
    Hi,

    To be eligible for any income related top up they take into consideration partner working, savings, capital and an other benefits you receive. Contributions based benefits do not entitle someone to claim free NHS treatment because it's not means tested and a partner working, savings, capital don't affect this.

    1/ as you worked 24 hours then this will mean that he wouldn't have been entitled to the income related top up because you worked. You claimed JSA so this is classed as Income for and income related top up he may have been entitled to and your JSA would reduce it £1 for £1, so no entitlement to the income related top up because of this reason.

    2/ inheritance...savings/capital of £6,000 and more affects means tested benefits £1 for every £250 over that amount. £16,000 and you won't be entitled to any means tested benefits, including housing benefit/council tax reduction.

    3/ JSA and Income support is classed as income for the income related top up and will reduce it £1 for £1 so no entitlement here.

    4/ you worked 28 hours per week, then you claimed income support, no entitlement here for the reasons given above. Housing benefit and council tax reduction is different.

    5/ Again you were claiming Income support and this reduces the income related top up £1 for £1, so no entitlement here.

    The income related top up is £16.40 per week from April 2018, less in previous years. Income Support is more than the income related top up so reduces it to zero.

    Contributions based doesn't affect an Income support claim so this will have continued. DLA isn't means tested and doesn't affect any other benefits you or your husband claims. So, i'm afraid the DWP are correct with their decision. Hope this helps.
  • debsidoodebsidoo Posts: 248Member Chatterbox
    Hi @Shimmer195
    The best way forward on this would be to get everything written down chronologically,back it up with bank statements and take it to a benefits advisor at the CAB.
    They will have access to the relevant information on qualifying criteria at the times of your entitlement alterations. Most of us here are just going by personal knowledge,so any calculations would have to be done working with the rules at each specific time.
    It isn’t really something that can be worked out in this forum without specialist knowledge.Good luck.
           Debsidoo.x
  • Shimmer195Shimmer195 Posts: 2Member Listener
    Thank you so much for your quick reply, wow, you do make it very clear.  We were not really expecting anything different I guess, my £23 a week Income support obviously cancels out any IR claim.  Thanks again, very much. 
  • poppy123456poppy123456 Posts: 7,169Member, Community champion Brian Blessed
    Thank you so much for your quick reply, wow, you do make it very clear.  We were not really expecting anything different I guess, my £23 a week Income support obviously cancels out any IR claim.  Thanks again, very much. 
    You're welcome. Yes, that's correct.
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