ESA3 (IBR) Form

[StarBright]

Hello,

I had the ESA3 (IBR) form arrive yesterday. I understand it's to see if I am entitled to Income Related ESA I'm on Contribution based support group, I also get PIP Standard for both coming from DLA.

I have always had above £16,000 in savings up to this year when they have dropped down to around £13,600 which according to benefits checkers online I would now qualify for Income related ESA from this year as well as Housing benefit & Council tax benefit.

My area has just gone to a Universal credit area in October.

I don't know weather to fill in the form showing that up to this year I didn't qualify for Income related ESA but now I do but have not applied for it or the Housing benefit & Council tax benefit? Would showing that I now can get those benefits trigger a Universal Credit application or would it trigger the old style housing benefit?.

I've not claimed because I didn't want to trigger the U/C claim as I think this can trigger another health assessment?.

August 2016 I got a form to fill in again for ESA & they said I need a assessment which I managed to get them to agree to a home visit but I have never been given that assessment, I did call them about 6 months on from that form to ask them what was happening but they said once they have someone they can send they will so I'm guessing they don't have anyone!.

I know I could be getting more money but I just don't think I could go through a U/C claim in case I have the health assessment

Thanks

[nukecad]

Advice changed, see posts below.

[StarBright]

Thank You,

So if I filled out the form showing from what date I went under the £16,000 would they then ask me to apply for U/C?. As my area is now a U/C area I'm guessing I would have to apply for U/C to get the Housing benefit & council tax benefit?

And when you say some backpay due you mean from the date I went under the £16,000?

Thanks

[nukecad]

This ESA review itself has nothing whatsoever to do with UC.

UC is only a factor if you make a brand new claim for an IR benefit.

But I have to apologise for my previous post.

From an ongoing thread we already have here then it's not quite as simple as I was saying.

This review is only about the date when you transfered from IB to ESA.

Changes since then have to be handled differently, which can be a bit of a problem at the moment.

If you can bear with me I'll try to explain things better when I can get on a computer instead of my phone.
Might be sometime tomorrow, depends if my condition gets in the way.

[StarBright]

That would be perfect thank you so much

[TimeLord]

Bumping this to page 1

[nukecad]

That would be perfect thank you so much

This 'Special Review', with the ESA3(IBR), is ONLY about when you were changed from IB-ESA.
That's why the front page has on it the date when you transfered.

If you are lucky they may also look at things from the date when your savings went under the £16k, but that's not realy their job- they are only reviewing the transfer itself.

Normally any other change, at any other time, should be done with a 'standard' ESA3.

As an example we have a member here, Walker, who was/is in a similar position.

• She didn't qualify for IR ESA at the time of her transfer, but did qualify later when she seperated from her partner.
• She was also sent an ESA3(IBR), she sent it back and the DWP wrote back saying she didn't qualify at the time of transfer.
• They agreed that she did qualify now and put that into payment, but did not backpay to the separation date.
• So she then sent in a standard ESA3 to claim backpay from the date of the separation.

It's been a bit fraught because at first they sent it to the 'special review' office again, but her ESA3 has now got to the right department.

For now I would just fill in and send back the ESA3(IBR).
They'll probably do the same with you and just say that you didn't qualify at the time of transfer but do now.
If they do then, like Walker, you then send a standard ESA3 asking for IR ESA and backpay from when your savings went below £16k. (They'll want to see bank statements from then up to now).

IMPORTANT
I've re-read your first post and see that you are not claiming Housing Benefit already.
Although the ESA review would not mean migrating to UC on it own -
IF you do put in a claim for help with housing now then that would have to be Universal Credit
I would avoid that for a while if you can.

It's a bit complicated at the moment with the law being due to change.
But if you can I would hold off making a claim for help with housing until after the IR ESA is sorted out.

I'll try to explain:
Because you have PIP then if you are 'living alone' you will get the Severe Disability Premium added to the ESA.
If you get this before you claim housing then the premium payment amount will be protected, if you claim housing first it won't be and you'll lose that extra payment.
In fact if you can hold of claiming housing help for a few months (it should be January) then the rule/law changes and once you have the SDP you will not be able to claim UC so will once again be able to claim Housing Benefit instead.

Like I say that bit is complicated because of changes due to the law.
If you need more explanation just ask and I'll try to make it clearer.

[StarBright]

Thank You so much,

Yes I just get PIP standard for both migrated from DLA & ESA which was migrated from IB.

I would not bother with the sending an ESA3 form in because my savings only dropped under the £16,000 in May so I would no get much anyway. If they did start me on a top up of income related ESA on top of my contribution ESA through sending the form in then that would be good. And would they then add the Severe Disability Premium them self at the same time? I do live alone & no one gets any benefits money for looking after me.

I can hold off claiming housing benefit until they change the law in maybe Jan.

So if I do fill in the ESA3 (IBR) form this would not trigger them making me claim housing benefit through U/C? They would only deal with if lucky like Walker the ESA amount change & SDP?

Thanks so much

[nukecad]

That's fair enough if you don't want to claim backpay since your savings changed then that's your choice. But see below, you may be surprised.

As you are in Support Group then once you get the IR ESA the 'Enhanced Disability Premium' is added automatically.
Part 6 of the ESA3 form asks about other benefits, so when you tell them there about your PIP they will see that they should also add the 'Severe Disability Premium'.

The EDP is £16.40 a week.
The SDP is £64.30 a week.
Normally that would be a total of £80.70 a week extra.

But because of savings that would be reduced by £1 for every £250 over £6k in savings.
Which with your current savings of £13,600 would be a reduction of £31 - leaving you with an extra £49.70 each week.
If your savings go up or down then that reduction will change, eg. if they drop below £13,500 then the reduction will then be £30.
So when you have IR ESA as well as the CB ESA you need to let them know of any changes to your savings.

Regarding any backpay, once your savings went below £16,000 then with both premiums payable you would get at least £40 a week.
So if you say 6 months of at least £40 a week that's roughly 6 x 4 x 40 = £960 backpay.
Still think it's not worth claiming?

None of this can make you put in a claim for housing costs, whether HB or UC, like any other benefit you have to make a claim yourself.
If you don't want to claim a benefit they can't force you to.

[StarBright]

Blimey!

That's quiet a bit of back pay! & looks like the only way to get the SDP would be filling in a ESA3 form.

Very happy I would not be forced to apply for housing benefit.

You touched on a point that I've thought about a lot is the amount of money you have going above the amount you tell them you have. So say I got IR ESA top up, the Enhanced Disability payment & then I went above the £13,600 savings especially when I've applied once the rules have changed for HB & get more money what happens then I guess is what I'm asking I'm worrying they would fine me or worse!

So looks like I need to fill in this form send it & wait & see if they do like they did to walker & start IR ESA & Enhanced Disability premium. Then to get the Severe disability premium I need to ask for a ESA3 form & fill that out showing my PIP & when my savings dropped below £16,000 which also means if I wait until Jan possibly for the law change if I then get the EDP it means I can't have the dreaded U/C anyway.