Question about ESA ending

[mafiaduck]

My father is currently in receipt of ESA, he is 64, 65 in May, retires at 66. He has a private pension, which is active, all payments are known by ESA, and it leaves him with an ESA (and enhanced disability) payment of £57.86per week.

HE recently received a letter from ESA, to say that from the 7th of April, he would no longer be entitled to any money or ESA help, because of a change of money coming in. His pension is increasing this year, by a whole £2.37 a week. So why would he lose the other £55.49? it also says on the letter that he has not got enough years of tax payments... but he has 43 full years. Then it says that they used tax year 2016-17 to determine his eligibility.

 

In 2016-17, he had full tax credit payment as he was on ESA the whole of the year. It was only 2017, and 2018 where he was short ever, and that was because his ESA was ended, then restarted, then ended, then he went on JSA, then that ended... and it was all held back until he went to tribunal, and then his ESA was reinstated. For some reason, about 12 weeks across the 2 years went missing for tax credits. But still, thats not 2016-17.

 

In 2016-17, that was the year his private pension began, so he's had his money monitored since then. So it's not like they looked at his income that year, and decided that he was earning too much. As its been the same for 5 years since, and checked each year. HE did have a small payout, of £6,750, which they were aware of, and until it went below £6k in savings his ESA was docked a few extra pounds per week.

I was confused, and rang ESA. Who told me that they had nothing on their system to say it was ending. (this was 10 days ago) but they would pass it to someone else who would know more and they'd call me in 48 hours. I never got that call, I called back, and got told they knew nothing of it, and again, it would be passed to someone who knew more and they'd call back. Heard nothing. Got no news over Easter Weekend, obviously, I called yesterday as soon as they were open. Got told it would be a 24 hour call back. Heard nothing, again.

Now, my dad gets paid every wednesday. He got paid last Wednesday, with his letter saying his benefit would end today... would he be paid a half amount this week? or would that appear next week, on his usual date, but for just half the amount?

 

Because he had no payment today, and as the ESA team seem incapable of getting the correct team to call me back, and because they say theres nothing on their part of the system to show his benefit ending... I'm hoping that the lack of payment shows that the letter was sent in mistake, everything will be continuing as normal, and that the  reason no one called back is because they dont see a point as there's nothing on their system to end it.

[dx100uk]

rather than it being tax i think you mean National Insurance contributions?

[AndyOrch]

https://www.gov.uk/check-national-insurance-record

[unclebulgaria67]

If your Father is unhappy about the actions of DWP/ESA then he might consider registering a complaint.  This would enable a complaints resolution manager to look into all of the information contained in your post, correct any errors if found and to respond by letter to him.

 

https://www.gov.uk/government/organisations/department-for-work-pensions/about/complaints-procedure

 

DWP has many different departments dealing with different aspects of benefit administration. If they have sent a letter saying the benefit would be ending, this would appear to be a considered action and should be taken seriously.  Please don't make any assumptions.

 

Given the issues you mention, the complaints route sppears to be the correct action to take.

[mafiaduck]

1 hour ago, dx100uk said:

rather than it being tax i think you mean National Insurance contributions?

 

 

Yes! Sorry, thats exactly what I meant. I dont know why I was saying Tax.

Its his NI Contributions.

[mafiaduck]

1 hour ago, Andyorch said:

https://www.gov.uk/check-national-insurance-record

 

Yes, this is what I meant. Dunno why I said Tax. He has 43 complete years. he has full rights.

[unclebulgaria67]

Is the private pension and other income more than £140 a week ?   Was it just below £140 per week, before the recent increase ?

[mafiaduck]

6 minutes ago, unclebulgaria67 said:

If your Father is unhappy about the actions of DWP/ESA then he might consider registering a complaint.  This would enable a complaints resolution manager to look into all of the information contained in your post, correct any errors if found and to respond by letter to him.

 

https://www.gov.uk/government/organisations/department-for-work-pensions/about/complaints-procedure

 

DWP has many different departments dealing with different aspects of benefit administration. If they have sent a letter saying the benefit would be ending, this would appear to be a considered action and should be taken seriously.  Please don't make any assumptions.

 

Given the issues you mention, the complaints route sppears to be the correct action to take 

 

Thanks for the advice, I shall get on to submitting a complaint when I visit him tomorrow (support bubble). I always intended to take it seriously, and wouldnt just outright assume, I was just hoping to find an answer to ease his concerns whilst I played the game of going back and forth waiting for this call from the team who supposedly might know what was going on.

[mafiaduck]

1 minute ago, unclebulgaria67 said:

Is the private pension and other income more than £140 a week ?   Was it just below £140 per week, before the recent increase ?

 

its about £86 a week, and the recent increase takes it to roughly £89

[unclebulgaria67]

From what I have read. pension income above a certain level can mean no entitlement to ESA.  Ignore the £140 PW as that relates to employment earnings. Not sure what pension threshold amount is which would mean no ESA was due.

[mafiaduck]

10 minutes ago, unclebulgaria67 said:

From what I have read. pension income above a certain level can mean no entitlement to ESA.  Ignore the £140 PW as that relates to employment earnings. Not sure what pension threshold amount is which would mean no ESA was due.

 

Well like I said, they have known he has the pension for 5 years, and for 5 years have docked his ESA and disability premium with accordance to his pension. There shouldn't really be a limit where his extra £2 a week, means he loses £55 a week in ESA based on all previous contact with them. He's had this checked by them every April since he started getting it.

 

From how its worked out (Pension amount, minus 85, and then halved =deduction) the extra 2 a week, should at most deduct just £1.

Edited April 7, 2021 by mafiaduck

[dx100uk]

Same for UC too sadly..

My neighbours index linked Private pension increased slowly each year until he reached a threshold then bam his mrs lost all benefits. 

 

He is not alone. But its clearly stated in the criteria.

 

Dx

 

 

[mafiaduck]

Is it clearly stated though? What's clearly stated from everything I found, was that to get your ESA deduction, you take your monthly pension. Times by 12 for the year. Divide by 52 for your weekly amount. Minus 85 that you are allowed to have. Then whatever is left, you half it, and that is what is removed from your ESA entitlement. 

 

For my father, this worked out that he was losing a small portion of his ESA. As may be obvious from other posts, I'm not 100% sure on exact numbers... But it left him with nearly 60 a week from ESA. Based on ESAs methods that they worked it out with, his increase of £2 per week should see his ESA money reduced by just over a pound per week. 

 

He's hit no threshold, according to their calculations at every other stage. To hit it he would need an extra 55 per week, which he won't get until his other pension kicks in at 66.

 

So if there is some other threshold, that you think explains why a 2 pound increases negates 57 pound of ESA that is due, its certainly not been clearly stated to me. 

 

We expect his esa to end next year, when his pension kicks in in May. But he can't afford it now, especially as if they cut ESA they also remove his housing benefit and council tax reduction. So now that £2 per week loses him 55 esa, plus he needs an extra 500 for rent. 

 

Unless he still gets ESA, but just no payment from them, and his housing benefit stays attached. But again, that's not clearly explained, because his letter says they can't pay him... Not that he's not entitled to it. Where as before when he lost esa briefly it was a loss of entitlement letter. 

 

I'll be honest, the whole things annoyed me to the point of confusion. Mainly due to the lack of callbacks I've been promised and 3 different ESA agents telling me it's not cancelled, but it might be, and they don't know, which isn't helpful at all. 

 

Thanks for all the responses everyone. I think I'll go with the suggestion of filing a complaint, and in the waiting process for that, I'll also call every day and hope for that elusive call back.