ESA3 (IBR) Form

[worried33]

Hi everyone.

Yes in my case I am looking at around 4 years of backdated ESA premiums, I only qualify for the lowest one which is EDP, but even that over 4 years is around 3k. So these payments do add up over a period of time.

I would be surprised if filling one of these forms triggered a claim for UC, because the underlying ESA remains contribution based, its a IR topup not a new claim for IR benefit. Also they fixing something that should have been done years ago, so for that reason it should not be treated as a new claim either.

[StarBright]

You will be pleased to know I'm filling in the form

I've got to part 4 About other benefits. It say's:

Please put a tick against any of the benefits on the following list you are getting now, waiting to hear about or have claimed even if you didn't receive any benefit since the date we've put on the front of this form we will tell you if they affect your ESA.

I was getting DLA which is on the list up to about 18 months ago which then changed to PIP which is also on the list so even though I'm not getting DLA now do I still tick it?

Thanks

[worried33]

Yes you answer as you were filling it in 18 months ago.

So tick it.

[nukecad]

looks like the only way to get the SDP would be filling in a ESA3 form.

You have already been sent an ESA3 form haven't you?
It's just the same as a standard one but has a special front page for this special review, so is renamed ESA3(IBR).

If you fill that in and send it back then they will check and add the SDP if you qualify, which from what you say you do quailfy.
Many people have already done this and got both EDP and SDP added after their review.

Or did you get an ESA3WUL (IBR) which is a letter not a full form? They sometimes send that one before sending a full form.
This is an example of it: https://www.whatdotheyknow.com/reque..._passthrough=1
If you have only got that letter and not a full form then wait for them to ring you.

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!

Yes, you would have to keep them updated with any changes to your savings, up or down, each time you cross a £250 increment.
You can see how it works from Appendix 2, Table 1, on pages 179/180 of the decision makers guidance.
https://assets.publishing.service.go...25/dmgch52.pdf
It shows there savings bands as 'Total Capital' with the deduction listed as 'Tarrif Income' next to each band.

Just one other thing to note is that you can't just spend or give away your savings in order to get extra benefit paid.
Obviously you can spend them 'reasonably' to buy things you need, or for a 'reasonable' holiday, etc.
eg. If your car is knackered and you buy a similar new one then that's probably reasonable, buying a Rolls Royce wouldn't be reasonable.
If you gave your car to a relative/friend and then bought yourself a new one that usually wouldn't be reasonable.
You should clear any large spending with them first.
If what you spend is judged 'not reasonable' then they can keep making deductions as if you still had the money.

Remember that your CB ESA is not affected by any savings, only the IR premiums are.
So even if your savings went back over £16k you would still get the same as you are getting now.

You are in a 'no lose' situation here - as long as you don't make a claim for UC housing element.
Wait until the law changes and you have SDP, once both of those have happened you can then claim Housing Benefit not UC.

[StarBright]

Yes defo got the ESA3 (IBR) form I've just filled out, I didn't realise it was just the ESA3 with a front page added to it.

Good to know about the £250 increment this is going to be the worrying factor for me because it's why I didn't apply earlier. I understand I can't go & spend money on silly stuff so I can get more money I'm worried about how much money they are going to give me extra now & if I go over the £250 limit having more would be worse! lol.

Right will tick DLA on the form have photo copied statements to show what money I have & put them in on the section where you can say anything else you want to, I wrote that I didn't go below £16,000 until may 2018 so think I am now due Income related ESA.

I will give the form the once over tomorrow again to make sure I have answered all the questions before sending it back.

Phew!

Thanks so much for your help nukecad & worried33 I will let you know when I get a reply I don't know how long these forms are taking to come back

[nukecad]

Yes defo got the ESA3 (IBR) form I've just filled out, I didn't realise it was just the ESA3 with a front page added to it.

There may be a few other changes to the wording (I haven't got one to hand, only the front sheet) but it's basically the same form.

Fine, just wait and see what they come back with after you have sent them the form.

Once they have done that we can take a closer look, if needed, at getting backpay (if they don't include it), and about the HB/UC situation.

Just a bit more about the savings.
Paying (some of) your gas/electric/water/phone/broadband/etc. bills, or your rent from the savings would all be considered reasonable use and would gradualy reduce them.
I suppose that all depends if you want to keep them as savings.

[StarBright]

Thank you,

That's helpful to know about the savings it all depends on what extra I get given as to how I look on the savings as such. If I get anything extra like we think if that then goes over the £250 increment's.

think I read somewhere it takes 12 weeks to get the reply back I hope it's quicker

[StarBright]

Just wanted to say thank you so very much if it was not for you helping me I would not of sent the form back at all.

[nukecad]

Ah, just to point out that any backpay that you do get because of this is 'disregarded' - it doesn't get counted as savings/capital.

For that reason I advise anyone getting a large backpayment, or who like yourself already has savings, to open a new acount and transfer the backpayment amount into it.
That way it won't get mixed in with any other savings and it will always be clear that it is the backpayment and so not to be counted as savings when assessing benefits.

[StarBright]

Arh that's a good idea