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Apply for Income related ESA or not. Advice plse.

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13 years 7 months ago #53525 by Deb Long
I have recently gone through 2 medicals with Atos. One botched (due to the fact that they did not have all my information...despite it being sent twice and more), one distressing/upsetting...as I expected.
I was already in the Support Group.
Due to the information on this site...and the intervention of my wonderful benefits rights worker...I have been placed back in the support group.
I have now received a form from JBC+ (application for re assessment)...telling ME that my circumstances have changed and that I might want to apply for Income Related ESA. Does anyone know why this might have been sent to me? and/or if it is a 'catch'?
I live with my husband who is quite a bit older than me and already drawing down both state and occupational pension. I smell a rat!
:dry:
Can anyone offer any insight and or advice at all please?
The site continues to be a mine of information and several of my other contacts now use it.
Thank you to all moderators.

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13 years 7 months ago #53529 by Gordon
Deb

I am assuming that you currently receive Contribution Based ESA.

For whatever reason, you can now claim Income Related ESA instead of ESA(CB). You need to get face to face advice as to whether this would be better for you or not.

ESA(IR) enables access to other benefits, such as Housing Benefit and Coucil Tax Benefit, free prescriptiona and reduced costs for glassess etc., and it is not liable to tax as is ESA(CB).

On the other hand, ESA(IR) takes into account any income that you and your partner might have, so there can be issues in maintaining eligibility.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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13 years 7 months ago #53537 by julesg
this can seem quite complicated as last year i was getting contribution based ESA (ESA(c)), at that time i had just sold my house so my savings were above the level for income related ESA (ESA(IR))when my savings went down i claimed ESA(IR). it took them ages to work out, but when they did i continued to get my ESA(C) plus additions of ESA(IR) eg help with mortgage payments etc

I was infomrmed that if you are entitled to contribution based ESA you will continue to get this, currently this has no end date, but new legislation is going to restrict this to 1 year, and if you entitled to a top up of ESA(IR) dependent on income and assessed need, then you get both. i am currently making a new claim and they are currently assessing my entitlement which will have both parts in it.

you can be assessed for ESA(IR) and even if it does not add anything to your benefit cash wise your entitlement gives you other benefits such as free prescriptions..

my advuce would be to ask why they think you are entitled, but i can not see any disadvantage to being assessed for it, as the assessment will not effect your entitlement tp ESA(c)

hope this helps

julesg

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13 years 7 months ago #53590 by Deb Long
Many thanks for your responses.
I thought that it was a bit 'convoluted'...I will seek advice from my welfare rights worker...and also take a decision whether or not to call JBC+...always such a pain.
Thanks Gordon...you have confirmed what I thought together with our other forum member.
If I find anything of interest out...I will post.
Good luck to all.

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