Why cant I just have Contribution based ESA and not IR ESA? - Page 2 — Scope | Disability forum
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Why cant I just have Contribution based ESA and not IR ESA?

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  • dottaylor
    dottaylor Community member Posts: 21 Listener
    Start his state  pension in 2 weeks no saveings of16,000
    and gets a private pension of a couple hundred a month
  • poppy123456
    poppy123456 Community member Posts: 53,333 Disability Gamechanger
    Do you rent or own your own home?

    If you own your own home then based on that then it's unlikely you'll be entitled to any Universal credit. You would need to claim it as a couple because it's a means tested benefit and his state pension and private pension would be counted as income when calculating any UC entitlement.

    Standard couples allowance is £489.89 per month, with his state pension and private pension then this would reduce your UC payment to zero.

    You maybe entitled to council tax reduction but all local councils have their own criteria and you will need to apply through your local council.

    Put both of your details into a benefit calculator just to check. You'll need to make sure you put his private pension down under other income. https://www.entitledto.co.uk/

    Do you claim PIP? if not,  This isn't means tested but whether you'll qualify will depend on how your conditions affect you.

    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.
  • dottaylor
    dottaylor Community member Posts: 21 Listener
    Thank you so much you have been very helpfull and I appreciate it,
    il see what happens now as iv just had another assessment for esa reapplying 
    and see what the outcome is xx”

  • poppy123456
    poppy123456 Community member Posts: 53,333 Disability Gamechanger
    You're welcome. If the decision remains at LCW then you can appeal that and the first step to this is to request the mandatory reconsideration (MR) and you'll have 1 month from the date of the decision to request that. If the decision remain the same after the MR then it's Tribunal.

    They will of course continue to pay your NI credits towards your state pension once you reach the 365 days but you'll continue to have future assessments even when just receiving NI credits.
    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.
  • dottaylor
    dottaylor Community member Posts: 21 Listener
    You certainly no your stuff thank you 
    ?
  • poppy123456
    poppy123456 Community member Posts: 53,333 Disability Gamechanger
    You're welcome and thank you! :)
    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.
  • Chloe_Scope
    Chloe_Scope Posts: 10,586 Disability Gamechanger
    Thank you for all your advice here @poppy123456, and a warm welcome to the community @dottaylor. :)
    Scope

  • Baileyb
    Baileyb Community member Posts: 12 Listener
    Thanks poppy for the advice. How come you know so much about this?
    I am hoping that they wont pester us about filling in the form as I cant see anywhere on the form where you can put I dont want to be assessed for income related top up. Along with the form there is a piece of paper which states that if the partner is working 24 hours a week then dont need to fill out the form just sign this  paper and send it back or if that is not the case then fill out the form.
    So we dont want to do either. I hope this doesnt mean that his ESA doesnt not get cut off as we were forced to send in a ESA 50 form which we sent in recently and so we are just waiting on news from that.
    he hasnt been put in the SEVERE GUIDANCE category yet as the last ESA 50 form was filled out in 2015. Which he got a paper assessment and didnt need to go to face to face. We are hoping that he will not be asked for a face to face assesment as he picks up germs easily in public and so wont attend.
    If the DWP are so malevolent that they will cut off his money for not attending then that will have to be that unless we can appeal against that decision?
    I cant understand why they are allowed to get away with this kind of degrading and despicable treatment of people. Why isnt there an independent body who can challenge them and stop them from behaving in this monstrous way?

  • poppy123456
    poppy123456 Community member Posts: 53,333 Disability Gamechanger
    You're welcome. My knowledge of the benefit system comes from my own personal experiences and further extensive research, purely to help others like yourself.

    Whether or not you chose to be assessed for the Income related top up is entirely your choice. If you'd rather not be assessed then they can't force this on you. Depending on your circumstances, you may not even qualify anyway but i can't say for sure without knowing all of your circumstances and that's not always possible on an internet forum.

    You could send the form back with a letter stating you don't want to be assessed, sign the form and that's the end of that.

    The Contributions based ESA will not stop because you chose not to be assessed for the income related top up. As long he remains in the support group that will continue to be paid.

    As for the next reassessment then if he does need to attend a face to face assessment and he refuses then yes, he will very likely be found fit for work for failing to attend. If this happens they his ESA will stop and he will need to give his reasons for not attending. The MR process is first, followed by Tribunal if that fails. The Tribunal will be because he failed to attend the assessment and not to determine which group he should be placed into. If the Tribunal goes in his favour then his file will be returned to the health assessment and the process starts all over again. He won't receive any money while waiting for the Tribunal.


    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.
  • Baileyb
    Baileyb Community member Posts: 12 Listener
    Well I cant understand why someone who cannot attend a face to face assesment due to ill health should be punished for this. This is monstrous and it seems like we no longer live in a fair and just society which can treat vulnerable people in this way. We have already explicitly made it clear on the ESA 50 form why he cannot attend face to face assessment. There is even a hospital letter stating that he is not up to going to hospital appointments. Due to his condition being irreversible its pointless to go to hospital appointments.
    So if the DWP can get away with this behaviour and no independent body is able to challenge their behaviour then there is no hope for this country. It is no wonder that people have been driven to despair and even suicide.
  • poppy123456
    poppy123456 Community member Posts: 53,333 Disability Gamechanger
    I can only tell you the rules, a Tribunal will tell you exactly the same as i did and they are totally independent to DWP.

    Most people have face to face assessments, whether it's at home or at an assessment centre. You can request a home assessment if he can't attend the assessment centre but a letter from his GP will most likely be needed, stating the reasons why he can't attend the centre.

    Paper based assessments are rare but hopefully he's be one of those rare ones. Good luck.
    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.
  • dottaylor
    dottaylor Community member Posts: 21 Listener
    edited November 2019
    Hi poppy hope you are well,I finally had another assessment last Tuesday my hubby went with me,after a few days I requested for the assessment report,she put things in like I cannot socialise,or never go out on my own etc,,but then says further along that she thinks I will be capable for work,,on my last assessment I got something called reg 35 which put me on LCWRA would that rule still apply from my last assessment,hope you understand,regards dot x I’m just waiting now for the result from decision maker 
  • poppy123456
    poppy123456 Community member Posts: 53,333 Disability Gamechanger
    dottaylor said:
    Hi poppy hope you are well,I finally had another assessment last Tuesday my hubby went with me,after a few days I requested for the assessment report,she put things in like I cannot socialise,or never go out on my own etc,,but then says further along that she thinks I will be capable for work,,on my last assessment I got something called reg 35 which put me on LCWRA would that rule still apply from my last assessment,hope you understand,regards dot x I’m just waiting now for the result from decision maker 
    I'm not too bad, thanks for asking. Any decision made on this claim will overrule the decision made on your last assessment.

    Take a look towards the back of the report where it states LCW and LCWRA information to see what is says in there and please let me know.
    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: 53,333 Disability Gamechanger
    edited November 2019
    @dottaylor In response to your post on my wall, thanks for the kind words.

    In the report because it says there would ne no substantial risk to you or anyone else if you were found capable of work means that reg 35 doesn't apply to you, which means it's likely you will be found fit for work.

    Even though it states you're unable to go out alone because of your anxiety reg 35 doesn't apply because they think there wouldn't be any risks, if you did go out alone.

    The work capability assessment assesses you're ability to do any type of work, regardless of what that work is or where it is.

    You will of course need to wait for the decision but they usually go with the recommendations in the report, it's rare for them to go against it but it can and does happen.

    If the worst does happen and you are found fit for work then your ESA will stop on the date the decision is made. Please do come back and start another thread and i'm sure someone (if not myself ;) ) will advise you further.
    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: 53,333 Disability Gamechanger
    If you could post on here rather than on my wall, it's easier to reply. If the decision is fit for work then your first step to appeal is the MR and you'll have 1 month from the date of the decision.

    Also be aware that if you don't claim a severe disability premium in with another benefit then DWP will advise you to claim Universal Credit. If you claim UC then you won't be able to go back onto ESA and anytime in the future.

    Your ESA won't be paid while you wait for the MR decision to made. If you don't claim UC then you'll be able to go back onto assessment rate for ESA (with a fit note from your GP) once the Tribunal have accepted your appeal but this could take a few months, maybe longer.

    If you're claiming housing benefit, this will also stop if you're found fit for work but you can claim this through nil income but you'll need to contact your local council.

    Just to add my advice further, not being able to go out alone doesn't mean that reg35 will apply. You need to state why you think reg 35 applies and what risk you are to yourself and others.

    Good luck!
    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.
  • dottaylor
    dottaylor Community member Posts: 21 Listener
    Make you laugh dont they,evidence there to prove it makes me very distressed to go out or travel on buses,,,how will they expect me to travel to work,amongst other things 
  • poppy123456
    poppy123456 Community member Posts: 53,333 Disability Gamechanger
    Sadly, it happens a lot. However, lots of people do successfully get placed into one of the groups without any problems, we just don't hear about the good stories.

    May i ask if the evidence you sent in just stated you get distressed when out alone or did it state why you get distressed as well?

    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.
  • dottaylor
    dottaylor Community member Posts: 21 Listener
    On the doctors letter of evidence it states I get very distressed when I go out or when I have to meet people it also says how it effects me ie panic attracts crying feeling paranoid do you think that would help 
  • poppy123456
    poppy123456 Community member Posts: 53,333 Disability Gamechanger
    Before you can do anything you need to wait for the decision to made. Once that's made then you need to put the MR request in writing stating the reasons why you think you should be in the support group. Mention reg 35, why you think that applies. Adding some real life examples will also help.

    Letters from a GP aren't the best evidence to send because a GP very rarely knows how your conditions affect you, they will only usually know the basics like what medication you take etc. I'm not saying don't send it, you can certainly send it.
    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.
  • dottaylor
    dottaylor Community member Posts: 21 Listener
    Thank you,,I also sent 3 written letters of evidence from my family on how it effects me here’s hoping 

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