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Thread: ESA CB and IR

  1. #1

    ESA CB and IR

    Hi
    I received a letter from the DWP several months ago about my ESA claim since 2011 when I moved from IB to ESA cb. I realised after the letter was to do with the back payment owed to some claimants, but didn’t initially think that I was one of them.

    The review had been made more complicated by that fact that my husband is self employed and his hours vary considerably. I also receive a small Occupational Pension, and live with my two children although the one moved out in 2015.

    The DWP asked for my husbands profit and loss accounts for that time and luckily we had them. They made there own adjustments for depreciation and National insurance as well as tax. Although I’m not sure what they were referring to regarding the Tax adjustments.

    They worked out that my husbands working hours averaged out at 19 hrs per week and after looking at our claim they wrote and told me that I wasn’t entitled to anything.

    After thinking about it I realised that during that time we had also claimed tax credits and I distinctly remember at least two years where we were able to get free prescriptions as our income was so low. We even considered looking at other benefits to see if we could get anymore help, but the forms were so overwhelming we decided to leave it

    I wrote to them again saying that we’d been entitled to free prescriptions on more than one occasion, and also asked whether they make adjustments for pension contributions as I know that tax credits do. We adjust my husbands profits each year for tax credits

    I have since been able to supply then with my husbands pension payments, but this has been a long hard slog, and I find it difficult to remember what I did last week let along what I did over the past few years.

    If anyone else can offer some guidance or advice I would really welcome your help.

  2. #2
    Senior Member nukecad's Avatar
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    Just keep with it.

    It sounds as if yours is a particularly complicated case.

    They are being very careful with this review; having made the big error in the first place they are being careful to get it right now.
    So it's very likely that they are looking at your new evidence, but of course things take time.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  3. #3
    Thank you nukecad, It certainly hasn’t been easy to deal with but I think now there is a light at the end of the tunnel.

    Once the deductions are made to my husbands earnings for his pension I think a decision can be made.

  4. #4
    Senior Member nukecad's Avatar
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    Well we can't say what will happen.

    But on here we have seen more people who thought they were owed nothing but did get back pay than we have seen those who thought they should but didn't.

    Unfortunately it's been a number of years since the error was made so some memories can't be relied on and records have gone.
    Especially in more complicated cases.

    So it's just a case of fingers crossed.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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