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Thread: Long term IB failed ESA don't know where to turn

  1. #1
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    Long term IB failed ESA don't know where to turn

    Hi guys I'm really not sure where to turn on this il try to not bore you with the minor details but give you a brief history

    I have always had epilepsy it caused me to miss large chunks of school and have been on DLA constantly since I was around 5yrs old (I'm 28)

    I was put onto IB when I was 18 nearly 10 years ago and have never has to attend a medical before around 5 years ago I was asked to attend my local job centre for a series of 5 interviews entitled "the pathways to work scheme" after 5 minutes of the first interview the assessor conceded I was and always had been unaware to work so this was a waste of time so I didn't have to attend the other 4

    Moving on I most recently got a 3 year award for IB but have since been asked to apply for ESA I filled in the form with the same info as always but was asked to attend a medical I apparently failed this test and was declared fit for work

    I have since failed on appeal but have had my dla reassessed since then and passed for another 5 years (for the same medical problem)


    Anyway my girlfriend lives with me and she has done for Around 6 years she works full time but we have our own bank accounts and don't have any joint finances

    When I had failed on appeal they told me to contact my local job centre to help. Me look for work but to my amazement they are saying I can't claim anything because my partner works

    How can this be right what she earns is quite frankly her business is there anything I can so anything else I can claim as I'm now understandably really struggling and can't survive on lower rate dla to keep me going

  2. #2
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    Because you have never worked you have not paid any National Insurance Contributions (as opposed to NI Credits which only go towards your OAP) and therefore are not entitled to claim any Contributions Based (CB) benefits. You are also not entitled to claim any Income Related (IR) benefits because your partner works full time. This is all part and parcel of the Welfare Reform Act 2010 and applies to all ESA & JSA payments, your DLA is a totally unrelated benefit and can be claimed whether in or out of work and is non-contributory.


    As you seem to have run the course, all the way to Appeal, on your present claim the only advice I could give is to contact CAB and ask for a full benefits check which should ensure your full entitlement, you may well be entitled to Housing & Council Tax benefit.
    Last edited by Jard; 07-03-14 at 11:15.

  3. #3
    Hi i "think" you should have declared to dwp that you were living with your girlfriend. I think you have commited benefit fraud as you woukd have been in reciept of income based ib.

    Hopefully someone with more knowledge than me can confirm.

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    The original poster would have qualified for Incapacity Benefit via the rules for young people, which did not require him to pay any National Insurance contributions. He would have been migrated to Contributions Based ESA based on his previous Incapacity Benefit, but the Fit to Work finding and subsequent failed appeal extinguished that entitlement, which cannot be regained except by working.

    He is not entitled to Income Based benefits because of his girlfriend's earnings and cannot qualify for Contributions Based JSA (which would only last six months anyway) because he hasn't paid any National Insurance contributions.

    The expectation is that he lives off his partner's earnings, as she earns more than a couple would receive on Income Based benefits. As Jard says, it's worth checking to see if there's any entitlement to Housing Benefit and/or Council Tax Help.

  5. #5
    Senior Member googlybear's Avatar
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    Quote Originally Posted by angel2k13 View Post
    Hi i "think" you should have declared to dwp that you were living with your girlfriend. I think you have commited benefit fraud as you woukd have been in reciept of income based ib.

    Hopefully someone with more knowledge than me can confirm.
    A little harsh perhaps?
    The OP stated he was not entitled to other benefits because partner works. So they obviously know the pair live together...
    Illegitimi non carborundum

  6. #6
    Senior Member beau's Avatar
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    Quote Originally Posted by angel2k13 View Post
    Hi i "think" you should have declared to dwp that you were living with your girlfriend. I think you have commited benefit fraud as you woukd have been in reciept of income based ib.

    Hopefully someone with more knowledge than me can confirm.
    The OP stated he was on IB which was not means tested so NO fraud was committed.

    This is a forum which offers help, it is not here to condemn people.

  7. #7
    Senior Member acheron's Avatar
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    Angel throwing words like benefit Freud around when it,s not is more than a little harsh it could have very serious consequences to someone looking for advice who may have mental health . I have MH as well as physical probes and I knew nothing of the system when I change from in to ESA if you would have said that to me at the time it could have tipped me over and I really don,t want to think what may have happened. Be a little more careful when you don,t know the rules or facts

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    Quote Originally Posted by angel2k13 View Post
    Hi i "think" you should have declared to dwp that you were living with your girlfriend. I think you have commited benefit fraud as you woukd have been in reciept of income based ib.

    Hopefully someone with more knowledge than me can confirm.
    Try and establish some facts before you start using words like benefit fraud to people.

  9. #9
    Senior Member deebee's Avatar
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    Hope Andrew86 has not been scared away, from the way I read it, he did notify them that he lives with his girlfriend and has therefore done nothing wrong

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