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esa contribution based and pension credits
- garth
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10 years 2 months ago #130588 by garth
esa contribution based and pension credits was created by garth
hi i wonder if someone can advise me on a situation, i am on esa contribution based and in the support group, my husband has recently become unemployed, he is 62 and a half and has just reached the qualifying age for pension credits.We were under the impression that whilst he is looking for another job he could claim pension credits as opposed to job seekers allowance.
after phoning pension credits i was informed that i would have to stop my esa claim in order for my husband to apply for pension credits? This would mean that when he returns to work i would have to re apply for esa from scratch, and also i would have lost my n.i stamps,After googling this question, i only got information relating to claimants own pension credits and not a partners,and
it all seemed to be related to income based esa and not contribution based esa,can some one please advise on the situation, pension credit people did not ask if i was income based or contribution based, they just said i would have to stop my claim, this would then render me in limbo land in the future, thanks in advance
after phoning pension credits i was informed that i would have to stop my esa claim in order for my husband to apply for pension credits? This would mean that when he returns to work i would have to re apply for esa from scratch, and also i would have lost my n.i stamps,After googling this question, i only got information relating to claimants own pension credits and not a partners,and
it all seemed to be related to income based esa and not contribution based esa,can some one please advise on the situation, pension credit people did not ask if i was income based or contribution based, they just said i would have to stop my claim, this would then render me in limbo land in the future, thanks in advance
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10 years 2 months ago #130604 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic esa contribution based and pension credits
garth
Based on my understanding the information you were given by the DWP was incorrect.
There should be no need for you to close your ESA claim, however, the ESA money you receive would be deducted from any Pension Credit Payment £ for £ as would any other income that you have, it is possible that when all of your income is taken into account that you would not in fact be entitled to Pension Credits.
I would check your situation with one of the online benefit calculators to see whether you still have entitlement and if you do get back in touch with the DWP.
www.gov.uk/benefits-calculators
For completeness, as Pension Credit is an Income Related benefit only one person in a couple can receive it, although the benefit covers both of them, so if you were receiving Income Related ESA rather than Contribution Based then you would have had to close your claim for your husband to claim Pension Credit. This may be where the DWP "advice" came from.
Gordon
Based on my understanding the information you were given by the DWP was incorrect.
There should be no need for you to close your ESA claim, however, the ESA money you receive would be deducted from any Pension Credit Payment £ for £ as would any other income that you have, it is possible that when all of your income is taken into account that you would not in fact be entitled to Pension Credits.
I would check your situation with one of the online benefit calculators to see whether you still have entitlement and if you do get back in touch with the DWP.
www.gov.uk/benefits-calculators
For completeness, as Pension Credit is an Income Related benefit only one person in a couple can receive it, although the benefit covers both of them, so if you were receiving Income Related ESA rather than Contribution Based then you would have had to close your claim for your husband to claim Pension Credit. This may be where the DWP "advice" came from.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 2 months ago #130641 by garth
Replied by garth on topic esa contribution based and pension credits
HI, again, since i posted, i have made a few phone calls as originally i was under the impression that my other half could apply for pension credits and would get the couple rate,minus any other income, i.e my esa.I thought they would count my esa as an income.I again phoned pension credits for clarity, and again they told me i would have to cease my claim, as we can not have two benefits running, and i would be able to put my other half on my esa claim, but then change from contribution based to income based. I suppose that would also mean a job seekers allowance claim, and put up with all the hassle that goes with it,we have had to run through that mill before, they stopped my money, then reinstated, stopped his money then reinstated etc etc, it was a nightmare, having to phone them every week, we wanted to avoid such hassle, and it seems that pension credits for one and esa for the other is not an option.I then phoned my local dial who made further inquiries and came to the same conclusion,
At this point my other half would also have the option of job seekers allowance contribution based, again will mean jumping through hoops,So at this moment, it appears that my partner can not claim pension credits without me having to stop my esa claim, even though i am contribution based.this of course is not advisable, as when he goes back to work, or if we seperated i will have no
stamp and will have to start from scratch sending in sick notes,is it still possible that i have been given the wrong information?even though i have asked pension credit service and my local dial? it just doesn't seem right or reasonable for this to be correct.
At this point my other half would also have the option of job seekers allowance contribution based, again will mean jumping through hoops,So at this moment, it appears that my partner can not claim pension credits without me having to stop my esa claim, even though i am contribution based.this of course is not advisable, as when he goes back to work, or if we seperated i will have no
stamp and will have to start from scratch sending in sick notes,is it still possible that i have been given the wrong information?even though i have asked pension credit service and my local dial? it just doesn't seem right or reasonable for this to be correct.
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- Gordon
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10 years 2 months ago #130645 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic esa contribution based and pension credits
garth
It is unfortunately quite difficult to prove that a requirement does not exist when it does not exist.
Whilst I have not done an exhaustive search, I cannot find any requirement for you to close your ESA(CB) claim in order for you to claim Pension Credits, as posted earlier, this is definitely not the case for am ESA(IR) claim.
Have you had a look at the benefit calculators that I posted a link to earlier?
Failing that, try and get face to face advice from a qualified advisor who can calculate what you will be paid under the various options available to you. Do an internet search for "welfare advice" with your postcode, town or county.
Gordon
It is unfortunately quite difficult to prove that a requirement does not exist when it does not exist.
Whilst I have not done an exhaustive search, I cannot find any requirement for you to close your ESA(CB) claim in order for you to claim Pension Credits, as posted earlier, this is definitely not the case for am ESA(IR) claim.
Have you had a look at the benefit calculators that I posted a link to earlier?
Failing that, try and get face to face advice from a qualified advisor who can calculate what you will be paid under the various options available to you. Do an internet search for "welfare advice" with your postcode, town or county.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 2 months ago #130647 by garth
Replied by garth on topic esa contribution based and pension credits
I will try the calculator next,thanks
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10 years 2 months ago #130653 by garth
Replied by garth on topic esa contribution based and pension credits
I tried the two links, the first one did not have an option for my esa the second one ,turn to us did. The outcome of the second one, showed a total means tested sum consisting of guanteed pension credit, and a council tax .then it said also entitled to a non means tested benefit of esa and dla, then giving me a total of them combined.so I now have a completely different answer,where do I go from here? do I call pension credits again and ask to speak to a supervisor,who hopefully can clear this up,i have already rung them twice.what do you suggest please
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