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Thread: E.S.A. PART I.R. PART CONTRIBUTIONS? WHAT DO I PUT ON W.T.Credits form I am confused.

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  1. #1
    New Member
    Join Date
    Jul 2014

    E.S.A. PART I.R. PART CONTRIBUTIONS? WHAT DO I PUT ON W.T.Credits form I am confused.

    My query may be straight forward to some but not to me. Last year my partner moved in with me just before the end of February. I duly told the D.W.P. They sent me a letter saying I was no longer entitled to I.R. E.s.a. and I would be now on Contribution based E.S.A. MAIN PHASE SUPPORT GROUP.
    So March 2013 I rang DWP and found out for my form I am on PART IR AND PART CB because of my disability.
    Yesterday I was on the phone to WTC to find out if we was getting money on monday as we had heard nothing from our form going missing in June.
    They asked me a few questions and then said to phone DWP and find out if my ESA was taxable.
    DWP said I was only on C.B.
    WTC was phoned again and I spoke to another person , who followed my notes and said right this means that you are not entitled to any money and you might have to pay us back what you have had !!!
    I could have died- he heard the cry come from me and said, can I ask what esa you are on- I said esa main phase support group. Do you have a disability that stops you working? Yes. Have you got your P60 there? Yes. Read it out to me I can tell you from that. Right you look to be on part cb and part ir. as top up.but we cant tell you at this minute if you will get WTC. you have to wait for advice sheet.
    I didnt sleep all night, I spoke to a woman today on DWP and she said you are on CB esa AND I DON'T KNOW NOTHING ABOUT TAX CREDITS I HAVE NEVER CLAIMED THEM.
    I am absolutely beside myself, I cant get through by phone, it keeps going dead on me. I am so confused, I have filled out numerous benefits calculators but they all say something different in wording so I don't really understand it.
    So to end a long rambling story to get to my question how will I know what elements make up my group pay? Is it taxable? Is there still a part IR part CB ? If so how do I answer it on the WTC paperwork/phoneline ?
    Thank you I am now going to have a long sit down in a warm shower and a good cry and hopefully the magic faries will leave me a proper answer or a link where to get this information from.

  2. #2
    Senior Member
    Join Date
    Dec 2013
    Look at the most recent breakdown of your ESA that you have. That should make things clearer as to what you are getting. If you don't understand it, post it here (either in text or a scan - blank out any personal details including any NI numbers).

    This is a situation where I would not hesitate to seek advice from a local advice provider, such as a local authority welfare rights project if you have one, or Citizen's Advice. They will be able to go through the paperwork with you.

  3. #3
    New Member
    Join Date
    Jul 2014
    Flymo - thank you for that info. I will take it to my local C.A.B. office today as I have had no sleep or very little last night and now physically sick at the thought of having to find a huge amount of money to pay back or worse have my first police involvement in 52 years of life !! If I have no joy there today I will come back to you, thank you.

  4. #4
    Senior Member
    Join Date
    Dec 2013
    I hope all will be well when you get some help. If you can find your ESA letter, you can probably sort it out by yourself - just look for a section about Contributions Based ESA, which might appear in the "Income" section of the breakdown of the sum paid, typically on the second page.

    Contributions Based ESA is taxable. Income Related ESA is not. You can have Contributions Based ESA with an Income Related ESA top up.

    If there is an overpayment of Tax Credits, HMRC are normally very amenable to gradual repayment over a long period if that's all you can afford.

    There is unlikely to be a prosecution if you have been overpaid, as that would require showing beyond reasonable doubt that your actions were dishonest (the test applied is known as the Ghosh test: "your actions were dishonest according to the standards of ordinary and reasonable people and that you knew your actions were dishonest according to that standard"). There is no way for an honest mistake over the ESA you were receiving to meet this standard.

    If you have been overpaid, my advice is to be honest about how it happened and offer repayment over a period you can afford.

    The chances are that all will be well if you have passed on full information about your circumstances.

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