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ESA Contributed based

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Hi, has anyone else experienced the following ?. I have been on Contribution based ESA (support group) since being transferred over in 2013 from long-term Cont-based Incapacity benefit. I also receive both standard rates of PIP and have an Occupational pension from previous employer (which is disregarded by DWP). I will receive my state pension in 6 mths and my ESA will cease.

 

A few days ago I received a letter from DWP stating that they want to look at my ESA as I may be better off on INCOME-RELATED ESA (I won't be - I was already aware of that fact) and asked me to tick any of the 3 following boxes if i DON'T want them to check my eligibility to Income related to say WHY I would NOT be eligible :

 

1.You have had a partner and they were or are working over 24 hrs a week.

2.You had or have savings of over £16,000.

3.You had or have a partner who had or has savings of over £16,000 or together you had or have savings over £16,000.

 

What nonsense is this !. I do NOT wish for them to check my eligibility as I ALREADY KNOW I would not be better off on Income-related ESA, I checked that a long time ago. If I was, I would already have asked to be transferred onto it.

(Letter said I could also ring them to say why I don't want them to check my eligibility).

 

But my point is, they are only allowing the above 3 reasons for me to tick and none of them apply to me. Then the day after I receive the letter, hadn't had chance to ring them OR reply, someone rang me from DWP, left a message on my answering machine stating that they would ring again later that day, which they did, leaving another message (I wasn't in to hear either) stating that if I haven't got in touch, they will ring me back on October 1st.

 

Why are they so concerned about whether I would be better off and why not give me chance to actually respond ?. I would of course, be saying that no, I do not wish to move from my current ESA as it would not benefit me financially at all. Why mend it if it isn't broken. They really should have some extra tick boxes as the 3 they are allowing obviously will not cover every eventuality for every claimant.

 

I smell a rat. Has anyone else experienced the above and does anyone know the significance of October 1st as I certainly don't ?.

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cant hurt you why not try?

 

having a general conspiracy theory that they are upto something all the time might not apply in this case.

 

dx


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DWP didn't follow their own rules when converting people to ESA - ESA is 1 single benefit made up of both Contribution and Income elements.

 

1 massive Court case the DWP lost later they are trawling conversion cases looking for people who should/could of also been entitled to income top ups/premiums at point of conversion.

 

They also lost trying to limit that trawl to cases after April 2014.

 

 

Read this https://www.rightsnet.org.uk/forums/viewthread/5928/P390

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Hi Speedfreek, if you're in the support group for contribution-based (which I am) you are not migrated over onto Income-based after the first year, you can stay on contribution -based indefinitely. I did look into this a while back and discovered that I wouldn't be any better off changing to Income-based ESA.

 

For dx100uk-I wasn't seeing a conspiracy, but if you read any of my previous posts (might take a while !) re them completely messing up my ESA last year because they don't know or understand their own guidelines and rules, and then admitting in the end that they got things wrong and I was right, you would see why I am cautious about ANY dealings with them.

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Hi Speedfreek, if you're in the support group for contribution-based (which I am) you are not migrated over onto Income-based after the first year, you can stay on contribution -based indefinitely. I did look into this a while back and discovered that I wouldn't be any better off changing to Income-based ESA.

 

You haven't read the Rightsnet link I posted as it's about the IB to ESA conversion.

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Hi Speedfreek, I did read your Rightsnet link. It doesn't apply to me as I get a company Occupational pension which would be taken into account for income purposes and which excludes me from getting any Income-related ESA, or any disability premiums.

I looked into it a few years ago and that's the reason why I've not applied for Income-related ESA previously as I would not benefit from it.

 

Whilst in the contribution -based ESA, support group, my Occupational pension is disregarded due to the fact that (1) I was on Incapacity benefit prior to April 2001 and (2) I was in receipt of DLA at the high rate for both Care and Mobility.

 

My Occupational pension would NOT be disregarded if I was on Income-related ESA.

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There's at least one previous thread on here about this exact issue. Few DWP staff are aware of the rules which applied prior to 2001 and it has caused problems for many claimants in your position. A search should turn up the other threads.


RMW

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