ESA/Pension

Hi all,

I hope that there is someone who can enlighten me please?

I am a 50 year old male with a degenerative neurological illness (not life threatening).

I had to give up a manual job in 1997 and claimed IB, DLA MRC HRM (no problems in claiming these benefits) – in 2003 engaged in voluntary work in the advice sector, followed by paid work in the advice sector from 2006, until I had to resign last week due to my health problems.

I have applied for contribution based ESA – At this time I am unable to establish if I will be assessed under the new ESA descriptors or the current ones – I feel on my mobility limitations alone I should (in theory) meet the support group criteria of the existing descriptors.

As the proposed new physical descriptors have been changed (or omitted) I am concerned that I may not be eligible for ESA at all! I do have a wheelchair, but only use it when I absolutely have to, and is pushed by my wife/carer. However I think I may be able to propel myself on level ground, as per the new descriptors – but I am not sure that I could do this repeatedly due to fatigue.

Could it reasonably be argued under the present descriptor on rising from sitting, that you need help from another person, if you have to pull yourself up by using a fixed/sturdy desk or using any other fixed object to hand?

Also I have been informed by a council official (housing benefit department), that because I have a pension (paid into during the period 1977 to 1997) that I am able to access from the age of 50, I can be forced to claim it now by the DWP to reduce the amount of contribution based ESA and any other means tested benefit I may be entitled to? Does anyone know if this is correct? It does seem to fit the line of questioning I encountered when I telephoned to start my ESA claim.

Thanks for any help in advance.

John