× Members

NS ESA and one off back pay tipping my earnings over threshold

More
1 week 3 days ago #296714 by slothie*
Hello,

I wonder if someone here can help me please. I have two concerns regarding my NS ESA claim.

I am in the support group for NS ESA; DWP know I work 13 hours a week doing permitted work and earn £154.62/week so am under the threshold (£183.50/week).

The DWP recently wrote a letter (dated April 2024) which I received at the end of October (?!) stating as I was in the support group I did not need to do any work. I have no idea why that letter was dated April (this may have been when decision was made to put me from assessment group into support group?) and why it states I do not need to work as I discussed my part-time office job when I made my initial NS ESA application and they agreed this was permitted work. Should I query this, as they seem to have sent me the wrong information and it contradicts my original information DWP told me (that I was doing permitted work)?

Regarding my earnings, I am due to receive on 25 November nearly £400 backpay in addition to my regular wage £670/month (from a pay rise awarded last month which is backdated from April - so 6 months worth of back pay). This will put me over the permitted earnings threshold.

I have asked work if they can stagger the back pay, but they cannot. I am really concerned that my NS ESA support group will be impacted negatively but I cannot find consistent advice on this. One piece of advice says, I will only lose ESA for the weeks my pay was over the limit, another piece of advice states I will lose my NS ESA altogether and need to do a new claim.

I'd be grateful if someone could set me straight - and advise me if there is anything I can do to ameliorate these problems.

Many thanks.

Please Log in or Create an account to join the conversation.

More
1 week 3 days ago #296750 by David
Hi slothie*,

If you break the ESA Permitted Work rules regarding the amount of wages then your ESA claim is closed.
But if you reclaim within 12 weeks you won't need to go through a new WCA medical.
I don't understand why you received the letter in question from the DWP.

David

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

Please Log in or Create an account to join the conversation.

More
1 week 2 days ago #296768 by slothie*
Thank you David.

Does anyone else know if there's anything I could do to avoid receiving my back pay or something else so I am not over the wages limit for NS ESA?

Do they not take back pay into consideration at all and average it out over the 7 months it covers? Then it would be under the permitted earnings allowance.
When you say, reclaim within 12 weeks and not having to go through a WCA medical - I'll still have to reapply and go through the whole assessment again?!
Thank you in advance.

Please Log in or Create an account to join the conversation.

More
1 week 2 days ago #296776 by David
Hi slothie*,

Maybe you can increase your employee pension contributions. You need to get advice on this.
If your ESA claim were to link it means that the previous NS ESA claim would be resumed.

David

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

Please Log in or Create an account to join the conversation.

More
1 week 2 hours ago #296851 by traceytracey
Hi Slothie, I had a similar thing when the Doctors surgery I work at merged with another. They gave us all a pay rise and back dated it. I requested that I did not want the pay rise, but they paid it anyway. I got a letter from my employer explaining that it was a back dated payment and should have been spread over a certain amount of time , I then sent a copy to DWP. It may work for you, it may not as slightly different circumstances, but may be worth a shot?

Please Log in or Create an account to join the conversation.

More
1 week 1 hour ago #296852 by David
Hi traceytracey,

Thanks for your feedback.

David

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

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid