benefit issues

[Surfer01]

My spouse has been on ESa higher for the past 4 months. Last week her employer gave her 8 weeks notice pay as a lump sum which was just over £2000. In addition, she was given holiday pay, a token payment for each year she worked at the company and a small insurance pay out. From this amount tax was deducted and NI. the different amounts are shown on the payslip.

We are under the impression that as she is being paid contribution based ESA higher rate, she should be repaying 8 weeks worth of the ESA payments. Today she contacted the DWP with a view to re-paying the 8 weeks EA payments, but they want more than that amount. Is that correct?

[rebel11]

Hi surfer

 

She's unavailable for a few days, but I'm fairly sure she will respond when shes back.

[Surfer01]

Thanks Rebel. Hopefully someone else will be able to offer some advice in the meantime until she gets back. Trying to speak to someone at the job centre about the situation is a nightmare as they seem to be clueless about what must happen. Unfortunately the one lady that seems to be in the know is on a few days leave. We are concerned about using any of the money in case there is an issue.

[leemack]

My understanding is that contribution based ESA isn't effected by holiday pay or pay in lieu of notice, so they shouldn't be taking anything off her.

 

I'm looking around to check this out and will hopefully be back with a link.

 

http://www.hertsdirect.org/services/advben/bnftsadvc/benguide/benstartwork/less16/

 

refers to income related but the disregard of holiday pay and pay in lieu would also apply to cont based.

Edited June 27, 2011 by leemack

[Surfer01]

Thanks Leemack. I have tried to find some info on it by searching the Internet, but there does not appear to be anything or it is well hidden. LoL!

[leemack]

Added link to earlier post - also checked in my esa guide (2008-2009) and this also confirms its disregarded.

[Surfer01]

Added link to earlier post - also checked in my esa guide (2008-2009) and this also confirms its disregarded.

Thanks for the link. Hopefully I am understanding that they will not be clawing back any of the redundancy pay as our savings are virtually non existent. Thought it a bit strange as we assumed you cannot get ESA and also be paid (redundancy) was the way we were looking at it.

The person that my wife spoke to on the phone at the DWP/Jobcenntre call center was very unhelpful and told her she must post the wage slip but did not even give my wife the address. Wife was told it will be on previous letters sent to her. Last letter received from them was for an interview regarding work sessions for those on ESA. Wife is almost in tears as she wants to do the right thing, but DWP very unhelpful. No wonder so many people try and cheat the system as it is less stressful!

[leemack]

The important thing is if not detailed on the pay slip, to also send something from the employer which gives a breakdown of what the payment is for and staple it to the payslip. This stops an in experienced processor from inputting it as wages.

 

Unfortunately the people you speak to at the call centre do not necessarily have a good knowledge of benefits and are only able to give general advice - luckily they are not the people who process the claims. If you have specific queries, it is best to ask for a call back from a decision maker - though it can take several attempts to get the call back!

[Surfer01]

Thanks for all the helpful info. We have dropped off a copy of the letter from the company showing the breakdown of wages paid and also the wage slip at the nearest JobCentre. Hopefully this will be resolved shortly so we can use the money without worrying about clawback.

[Surfer01]

I am on Pension credit due to disabilities etc and my wife is on ESA and has been for the past year however with the new regulations the contribution part of ESA finishes on 30th April 2012 by which time she will be 60 having been born in April 1952.

She receives lower care DLA also and the chances of her being able to work again are almost zero as she suffers from osteoarthritis in her hands,wrists and lower arms. Also due a carpal tunnel operation on her left wrist. She has already had the operation done on her right wrist while back. She had an ATOS medical in January 2011 who agreed that she could not work due to her condition.

Completing the income related ESA form is a nightmare and I was wondering if it isn't easier for me to have my Pension credit payment increased instead. It works out at approximately the same amount per week if combining the ESA payment and the Pension credit. Nothing else has changed except our health as with arthritis it does not get any better.

Any advice please? thanks.

[Nystagmite]

When the time comes for her to retire, would she have enough (I think it's 30 years) national insurance paid for her pension?

 

Personally, I would get the pension credit increased. At least that way, she won't have to go through medicals. I think she's also entitled to pension credit at 61 now?

[Surfer01]

When the time comes for her to retire, would she have enough (I think it's 30 years) national insurance paid for her pension?

 

Personally, I would get the pension credit increased. At least that way, she won't have to go through medicals. I think she's also entitled to pension credit at 61 now?

 

Unfortunately the goal posts were moved recently and it is now 63. She will be a about 3 - 4 years short on 30 years NI payments as she lived in South Africa for a number of years. ATOS medical should not be a problem as they have already declared her for ESA support as arthritis is progressive. Maybe the Pension Credit is the better option as less hoops to jump through, but not sure how to go about it.

[Nystagmite]

If she's in the support group, her contributions won't end at the end of April.

[Surfer01]

If she's in the support group, her contributions won't end at the end of April.

 

She has already received a letter stating that as she has been claiming contribution based ESA (higher rate) for the past 365days it will end on 30th April 2012. She had an appointment with the Jobcentre today about the ESA bit, but they phoned yesterday and told her that as she the contributions based ESA finishes at end of April, there is no need for her to attend the appointment. The wife has always found her adviser at the Jobcentre to be efficient and very helpful and it was this lady that phoned her yesterday. If we had more people like thsi adviser, the Jobcentre would probably be more efficient!

[count orlok]

Your money should be made up to the couples rate of pension credit. One cannot claim contribution based ESA and Pension credits.

 

My Wife gets a reduced state pension through not having enough stamps, and I was on IB. My wife recieved pension credits to make our money up. I have now been moved to ESA support group, so other than my money not going up in line with inflation nothing has changed.

[Surfer01]

Your money should be made up to the couples rate of pension credit. One cannot claim contribution based ESA and Pension credits.

 

My Wife gets a reduced state pension through not having enough stamps, and I was on IB. My wife recieved pension credits to make our money up. I have now been moved to ESA support group, so other than my money not going up in line with inflation nothing has changed.

 

I was thinking more in terms of her not claiming any ESA but I claim Pension credit for a couple. May save a lot of hassle and works out approximately the same income every week.

[count orlok]

Yes it would be OK for her to finish on ESA and you to claim more for her.

 

Before my successful migration from IB to ESA I contacted the minister of state to check if i lost ESA would my wife get more PC. In fact I told the guy from JCP who phoned I didn't want to go through the migration, but he said fill the ESA50 out and see what happens first.

 

I am in the support group at the moment so there is no problem, if I have to go for a medical (I wouldn't need to attend work related interviews because I am my wife's carer) I'll not go through the humiliation and pain again (Years of DWP medicals for IB), so they'll have to up the wife's PCs.

Edited March 29, 2012 by count orlok

[Perseus1]

At present I am on ESA Contribution based and have been so for the past month, but I may be better off on Pension Credit as my spouse only works 20 hours a week. I receive DLA as unfortunately I have what is known as a progressive disease.

We had a DWP advisor around for the Pension Credit and she suggested me dropping the ESA. Also if and when I am fit enough for work I can look for jobs at my own pace and will not have to sign on every two weeks. It costs me £5 to travel to sign on as we live in a rural area.

Even if I return back to JSA I only have 4 weeks JSA Contribution based left. Should I look at going onto Pension Credit and if so, how do I go about it without upsetting the apple cart. Also saves the hassle of an ATOS medical if the doctor decides I should postpone going back to work in the near future.

 

The rules have changed now. Beware! Do not sign off JSA or ESA or you could be penalised. Get expert advice.

[Surfer01]

My wife claims the lower rate of care due to osteoarthritis.

 

The DWP wanted to do a home visit on Sunday.

 

We are not 1005 sure it si the DWP as they do not even ask any security questions to confirm your identity.

 

As it happens we are away on "holiday" in the UK and will not be available to end of July 2014.

 

This is the third phone call she has had regarding the issue and has told them on all occasions

that we are away until end of July and asked them to make a note of it.

 

Are they allowed to make home visits on a Sunday and to keep phoning or harassing people.

[SabreSheep]

What actual benefit is She receiving?

 

PIP or DLA

[Surfer01]

What actual benefit is She receiving?

 

PIP or DLA

 

DLA Lower Care. My wife receives a state pension plus pension credit. It would be remarkable if her osteoarthritis cured itself after several years.

[essexmat]

A visit on a Sunday? I would be telling them to do one - after all even when claiming benefits we are entitled to lives are we not i.e. family time on a Sunday? Maybe we aren't any more knowing these rules that treat us like criminals. If it were me and they wanted to visit on a Sunday I would be telling them, in a polite manner, NO. I don't even job search on Saturdays or Sundays or Bank Holidays (and never will)

[abc123def]

Sounds suspect to me, not asking security questions. I wouldn't be sure this was the real deal at all.

[antone]

Sounds suspect to me, not asking security questions. I wouldn't be sure this was the real deal at all.

 

Yes. Contact the DLA section and ask about this. A home visit on Sunday seems suspicious.

[Guest]

it does indeed sound suspiscious as others have said........and if its not genuine and these people have your address and know you will away from home. I would be checking with the dla office on the number you have for them on any letters, if this isn't genuine it needs reporting. And your home needs protection whilst your away.