Urgent ESA query - having no joy with DWP!

[chesternutz]

hello

 

my civil partner has a history of cancer, lymphoedema (severe swelling in legs and abdomen) caused by radiation treatment and surgery to her leg where a very large tumour was removed from her leg, her abductor muscle cut and femoral artery subdivided. This causes severe mobility issues, and a need for care full time as well as domestic and personal care.

 

My civil partner has claimed income based ESA since 2009, she was in the support group after first medical, put in the wrag after second medical and then started at uni from 2011-2012 to top up her HND to a degree. For this she went onto contributions based ESA, and had student funding. She has had a learning support assistant to support her whilst at uni, and me to support her needs while at home.

 

During March she found another lump which was diagnosed as a secondary malignant tumour on her back (it was a more agressive tumour than the one she had in her leg in 2008) and we sent a letter to ESA/DWP asking for a supersession request, due to her illness, treatment and surgery. with all medical evidence from her oncologist/orthopaedic surgeon.

 

At the end of April this year her contribtions ran out and her ESA ended. We were still awaiting to hear re the appeal, so I popped into the local job centre who advised she should have been receiving income based ESA after her contribtions with ESA ran out. So we filled out a change of circumstances form and sent it off.

 

on the 28th of May they sent a letter explaining they couldnt pay ESA until 26th of june when her uni course officially ended even though she did not complete due to medical reasons due to what she was going through with cancer recurrance, tests, surgery, in patient for 2 weeks etc.

 

They wrote and said she would be entitled to £160 a week from 26th of june as income related esa, I called and queried it and asked them how they calculated it as I still receive my nursing bursary of £6701 (as i am in wales!) and they said send a letter and evidence which I did almost 2 weeks ago. We are a couple and have sent proof of our Civil Partnership to them many times, yet do not want the couple rate as I have my nursing bursary and were told it would be single person rate plus WRAG plus Disabled premium.

 

Called them chasing it 3 times today...first call back left message on voicemail to call them back, I did and the person who left the message had not written any notes as to her voicemail so I requested another call back. She called me back and then when I advised that £6701 and DLA was our only income she said we wuold only be entitled to NI tax credits as my income (bursary) was above the threshold allowed. I asked her to check this...she put me on mute (not hold) and asked others in the call centre how to do/calculate it! or work it out I kept saying hello and then she said a few times "oh she has gone" even though I was still at the end of the phone!!! When I tried to call back for the third time I was told, oh they went at 5! hence at 4.55 why I could hear her but her not hear me??? strange!!!

 

 

So my question is, our only income is my nursing bursary of £6701 I am not entitled to student loan or any other finance as I am in Wales. My partners only income is DLA and we have a car out of the mobility component that is adapted to her needs.

 

Have they calculated it wrong? What could she or should she be entitled to and why? As surely they do not expect her to live on £30something a week and just my nursing bursary and her DLA. We do not get housing benefit and just 25% off council tax as I am a full time student.

 

Please help as seem to be getting nowhere with ESA and it is stressing the both of us out so much!!!!

[sparkles2010]

I think this needs honeybee or erika to help with this one

[chesternutz]

Thank you Sparkles

[sparkles2010]

Your welcome although on esa at the moment i dont know enough about it to advise you, wouldnt want to give wrong info

[MIKEY DABODEE]

This could be correct, you say you are a couple but she wishes ot claim ESA IB as a single person,

this is just not possible unfortunately,

your Bursary is classed as household Income and I think this will nil her claim to ESA.

 

She may be have been entitled to ESA conts you get this in your own right but ESA IB goes on household income.

The figure I think they have quoted you is ESA couple plus the Wrag component,

 

Checked this cant get it does she get higher rate care this would mean couple EDP, this would make £160 in total

 

but if she is only on £30 as you say per week DLA this will not give her premiums, but there is no rate of DLA thats £30

 

They have gone from the end of June as her student loan would have niled the claim to that day.

If she didnt receive on they have used the dates of the course

Edited June 19, 2012 by MIKEY DABODEE

[chesternutz]

thanks mikey, not that she wants to claim it as a single person,we are a couple and are being honest about that. however I do not want them to give her a couple rate if I am not claiming as get an income? does that make sense?

 

she was and did get contribution rate with her student loan etc but this ends on june 30th (official end date) and have appealed end of ni credits due to supersession request as her cancer returned.

 

I found this about tarriff income http://www.ceredigion.gov.uk/index.cfm?articleid=11636 and says that we should only pay £3 a week due to my nursing bursary. she is on high rate DLA for both, due to her conditions and care/mobility needs.

[MIKEY DABODEE]

Its so sad you have enough to contend with, but unfortunately for benefit purposes it doesnt work like that.

You are a couple and they have classed you as one, for ESA IB purposes,

 

Now you have said she DLA high Care, my calc was correct, couple rate, wrag and couple EDP £160 ish.

You bursary is an Income, there is no disregard they will take it into account pound for pound

 

That Contact centre should have closed six oclock by the way But the section would be gone five.

 

The link you have put on refers to capital, not income so doesnt not apply to your situation, sorry

 

You have appealed to get her back into the support group I think this is your only hope,

 

there are good people on here who can help you with this,

 

I dont agree I think it is awful and I sure hope you win your appeal

Edited June 19, 2012 by MIKEY DABODEE

[Nystagmite]

Mikey - don't they ignore some of the bursary as income, for things like books, travel, etc?

[MIKEY DABODEE]

Mikey - don't they ignore some of the bursary as income, for things like books, travel, etc?

 

No not Nursing Bursaries thats taken in pound for pound and attribuited over the fifty two weeks, for income based benefits

 

Student Loans or grants, yes, £350 books and a bit for travel or something like that cant remember, and thats attribuited September to end of June depending on year

Edited June 19, 2012 by MIKEY DABODEE

[MIKEY DABODEE]

Think I am going mad.

What bursary figure do you get

What is her entitlement

Just found an on line calculator

£160 x 52 = £8320

why are you not entitled, I just took your word sorry

 

£31. O0 see it now doh!!!!!

not DLA its ESA

correct figure of entitlement then.

think its late

Yes at last lol she is entitled to £31.00 ish ESA

sorry but they are right

 

Appeal and get her back into the support group, you will be entitled to HB

Edited June 19, 2012 by MIKEY DABODEE

[chesternutz]

I get a nursing nhs bursary of £6,701 divided by 12 monthly payments of £558 a month. As I am studying in Wales (even though I live in England) you are not entitled to loan or grants from student loans. Plus I received them when I did my first degree so not entitled to again either.

 

Just thought they may have taken my bursary as capital or income?

[chesternutz]

thanks mikey thought I was going mad!!

They said not entitled to any ESA yet letter said £160 as couple rate.

 

Awaiting supersession request to go back onto cont based or back into support group. For existing claim (the one we are being messed around with) have another ESA50 to complete and medical evidence and letters to support it.

 

If her only income is £31 a week wouldnt that enable her to claim for HB?? as the supersession requests have a huge backlog (apparently) as many people appealed end of their contribtutions etc around same time Kate was having her tumour removal and an inpatient.

[MIKEY DABODEE]

I get a nursing nhs bursary of £6,701 divided by 12 monthly payments of £558 a month. As I am studying in Wales (even though I live in England) you are not entitled to loan or grants from student loans. Plus I received them when I did my first degree so not entitled to again either.

 

Just thought they may have taken my bursary as capital or income?

 

No sorry, its income and sorry for the confusion, thought you menat £31 DLA living on

 

put your figure in here and see if there is anything else

http://www.turn2us.org.uk/benefits_search.aspx

[MIKEY DABODEE]

you should get ESA in payment from the end of June,

Housing benefit will go on household Income but I think as you are entitled to ESA IB you will get full housing benefit as they are taking your bursary off the ESA claim and they cant whack you twice for the same income, some one will correct me if wrong.

Sorry Kate is so ill and hope it goes well,

if you need help with yor ESA there are loads on here to give you advice

Nistagmite in particular

Hopefully she will get back into the support group, if she cant there is no hope left

[chesternutz]

Thanks mikey, have used turn 2 us but wont let us calculate as I have a student income x

 

will look on grants search tomorrow as on 14 hour shift tomorrow

[Nystagmite]

Housing benefit will go on household Income but I think as you are entitled to ESA IB you will get full housing benefit

 

Yes. Even if you receive a few pounds a week ESA IB, you get full housing benefit. ESA IB also entitles you to help with prescriptions, glasses, eye tests, etc.

[antone]

I think as you are entitled to ESA IB you will get full housing benefit as they are taking your bursary off the ESA claim and they cant whack you twice for the same income, some one will correct me if wrong.

 

Precisely correct, Mikey - if income is taken into account for one means-tested benefit it can't then be taken into account for another. After all, if the OP is expected to spend a certain part of her income on living expenses, she can't then be expected to spend the same money on rent. Can't spend the same money twice.

[chesternutz]

Any further advise guys?

[MIKEY DABODEE]

what further advice do you need