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A 35 year old, resident in Scotland, has just been permanently ill health early retired. They already receive ADP at the highest rate for both componants.
Are they also entitled to the New Style ESA as an addition to their ADP? They have paid the necessary NI contributions over the relevant years and are now unable to work but will receive an occupational pension.
If entitled to both benefits, does one payment affect the other and how?
Thank you in advance.

Hi MGWessex

To answer your questions-

Am I allowed to claim for BOTH LCWRA and Contribution Based ESA (I have enough NI contributions from previous years employment)?
Yes

I understand that the Universal Credit amount will be reduced by the Contribution Based ESA amount.
That is correct

Is it the action of the job coach (Universal Credit) to trigger the UC50 Capacity for Work form to be sent to me and my responsibility to claim for Contribution Based ESA online and then complete the ESA 50 form?
Yes

Can I make the claim for Contribution Based ESA now (my fit to work certificate/s are from January 2025 to May 2025)
Yes

For the capacity to work assessment is it two separate assessments for each benefit or one for both ESA and LCRWA?
Just the one for both Benefits.

David

Hi there

I am currently claiming Universal Credit as a single person over 25 years old.

I am.also in receipt of High Rate Care & Mobility for PIP.

I have been unwell long term and have submitted fit notes to Universal Credit for the last two weeks.

One of the Fit Notes is backdated back to January 2025 but I am under the understanding the fit note can only be accepted from the day it is submitted to the Universal Credit Journal?

Am I allowed to claim for BOTH LCWRA and Contribution Based ESA (I have enough NI contributions from previous years employment)?

I understand that the Universal Credit amount will be reduced by the Contribution Based ESA amount.

Is it the action of the job coach (Universal Credit) to trigger the UC50 Capacity for Work form to be sent to me and my responsibility to claim for Contribution Based ESA online and then complete the ESA 50 form?

Can I make the claim for Contribution Based ESA now (my fit to work certificate/s are from January 2025 to May 2025)

For the capacity to work assessment is it two separate assessments for each benefit or one for both ESA and LCRWA?

Thank you SO much.

Thanks David.
You are right about DWP communications. I originally was on Incapacity Benefit from my NI contributions I satisfied the rules. Then ESA came along and was put on ESA contribution for 365 days then told I had to claim ESA income related. I did and then always assumed I was totally ESA(IR). At least all letters I received stated that. Then UC comes along and the ESA(C) carries on as the New Style Contribution ESA with just the ESA(IR) topup moved to UC which I now know was the disability premium element of ESA. THe support and std amounts are the ESA(C). By the way the deduction from UC for the ESA(C) is the weekly amount multiplied by 52 then divide by 12 to give you the monthly average which they refer to as Averaging ESA on the statement.

Will any future income affect ESA(C)? I know it affects UC.

I hope this helps people migrating to UC to know there will be two claimant commitments one for UC and another for the New Style Contribution ESA. It can be all rather confusing. Thank you

Hi roadrunner

The quality of the DWP communications about the changes to Contributions Based ESA is appalling. The Work Coach doesn't create a Claimant Commitment or discuss your disabilities if you are in the ESA Support Group. The Claimant Commitment is a computer generated " basic " one stating that you will inform the DWP of a change of circumstances.
It has nothing to do with the WCA which is provided by HAAS.

David

Hello,, I phoned Citizen Advice for help from the migration from ESA to UC. They said that if I were on the Incapacity Benefits which changed to ESA I should be on, IR and contribution based ESA, that I should ring the Dwp and find out. I rung them and they said I get Contribution and IR esa.

I’d like to know when I move over to UC would that make a difference and would I still get the same amount? I have been in the support group, would I still get the equivalent to support group? Also would I need to go into the Job Centre or can I still do all the formalities from the home and telephone? In regards to the signing of commitments is there anything I should be aware of of?
Any help and advice is appreciated

Hi Banners7474

You say "Today a lady from DWP is saying my ESA claim is active but on a credit only basis but I still need to fill the form out to continue to now receive the credits which have been paid for the past 11 years in order to try and keep them but I won’t get the assessment rate or payments." So as you have had an active ESA claim continuously receiving NI credits then you retain your health status ( Support or WRAG ) and you don't have to complete an ESA50. I would phone ESA and inform them of this and also ask them why you no longer have the health status and the date they are saying it stopped.
You only will qualify for New Style ESA payments if you meet the following conditions--

" The contribution conditions
You qualify for contributory Employment and Support Allowance (ESA) if you have paid sufficient National Insurance contributions. There are two contribution conditions you must meet:

First contribution condition - in one of the last two complete tax years, you must have paid Class 1 or 2 contributions on relevant earnings at the lower earnings limit for at least 26 weeks. This means you must have worked for at least 26 weeks of the last two complete tax years; and
Second contribution condition - in both of the last two complete tax years, you must have paid or been credited with, Class 1 or 2 contributions on earnings of at least 50 times the lower earnings limit.
The 2 tax years that are relevant are the ones that were completed before the benefit year in which your period of limited capability for work began.

The tax year runs 6 April - 5 April
The benefit year runs from the first Sunday in January
The lower earnings limit was £123 per week in both 2023/24 and 2024/25.
Relaxation of the first contribution condition
The rules are complex and there are situations where the first contribution condition can be relaxed for certain groups of ESA claimants meaning that these specific groups can use National Insurance contributions paid in any tax year to satisfy the first contribution condition. This could apply to you if:

you were entitled to Carer's Allowance in the last complete tax year immediately before the benefit year in which your Limited Capability for Work began
you were in qualifying remunerative work and entitled to the disability element, or the severe disability element, of Working Tax Credit for at least two years immediately before the first day of your Limited Capability for Work began
you are entitled to be credited with earnings or contributions following release from prison where a conviction is quashed, or would be if an application was made, in respect of any week in any tax year before the relevant benefit year
you are entitled to be credited with earnings equal to the Lower Earnings Limit on the grounds that you are a spouse or civil partner of a member of Her Majesty's Forces and accompanied that member of Her Majesty's Forces on an assignment outside the UK or treated as such by the Secretary of State."

Let me know how you get on.
David

Hi,

I'm looking for some advice on the following. I became unemployed back in Oct last year due to health difficulties and have been receiving contributions related ESA. Recently, I was asked to undertake a work capability assessment and was told by the assessor over the phone that I would not be required to work or look for work for the next 18 months. She said she would send the report to the DWP and I asked for a copy. I was then placed in the support group for ESA and when I received the report, it appeared that the health conditions I reported were clearly mixed up with another persons, although they did have my name and some other information about me, as being correct.
I am quite concerned that my benefits has been awarded based on another person's profile and that I could be held responsible for the inaccuracies that are on there. Also, as the person's health conditions were much more serious than my own, I am also worried that I may no longer qualify for the benefit. I am 52 years old and have worked all of my life and have never had to claim any benefits. The entire system is next to impossible to navigate, no one will explain anything to you, tell you how things are worked out and trying to get through to speak to someone is a nightmare.

Any advice on how I can best deal with the predicament would be much appreciated.

Best wishes
Fliss

Dear All,
I used to claim Contribution ESA about 11 years ago and finally exhausted my NI contributions so it was stopped.
I had a lady from DWP call and advise me not to shut my claim done in order to receive my NI credits especially as I’m female as I need them for my state pension which I have been receiving ever since and I have a full NI record since 1990.
Due to my various health conditions deteriorating and I have been on PIP since 11 years ago, I was advised and checked and triple checked to see if I was eligible for ESA.
I have done the claimant commitment, was told what day I would receive payments and received the form to fill out. Then I received a letter saying I do not have enough contributions which I have argued about but every time I ring no one can access my NI records. Today a lady from DWP is saying my ESA claim is active but on a credit only basis but I still need to fill the form out to continue to now receive the credits which have been paid for the past 11 years in order to try and keep them but I won’t get the assessment rate or payments. This doesn’t sound right to me and Ive only got a couple of weeks left in order to fill out the form. Can anyone advise please as I don’t want to fill out the form unnecessarily as it is awful. Thank you.

Hi boliver

The confusion stems from the fact that Incapacity Benefit is a Contributions Based Benefit and so when it became ESA you got Contributions Based ESA.
People 10 or more years ago got Income Support if they did not qualify for the Conts Based Incapacity Benefit.
Don't close any claims at all. I expect it's a Jobcentre Work Coach saying that and they are renowned for wrong advice.
Try phoning Citizens Advice Help to Claim. Their phone number is on page 2 of your Migration letter.

David

Thanks for your advice David.
I originally had incapacity benefit and then over 10 years ago I was switched over to income related esa.
It has never been referred to as
Contributions based ESA and as such that has confused me.
The ESA98 letter informed retrospectively that my income related esa was stopped on the 23/03/2025.
That my contributions based esa
was switched to new style esa on the
24/4/25.

Is this some of trick or mistake
of theirs ?

Why don't I just go to straight to universal credit for everything.
I am very confused.
DWP esa suggested I close my esa claim altogether.

Thanks David for your advice.
Much appreciated.

Am I right then in thinking that although my ESA was always described as
Income related ESA.

Having not worked due to illness and disability for 20 years or so.
I was originally on Incapacity Benefit.

that it was always a mixture of both
Contributions ESA and Income related ESA all along.

This ESA98 letter clearly states that my
"Income related" ESA stopped on the 23/3/2025
That my now contributions based ESA
(That I didn't think I had)
will now change to the New Style ESA.
on the 24/3/2025

I expected my income related ESA benefit to close on the 24/3/2024
2 weeks after the submission of my universal credit claim.

Why didn't I go straight to Universal credit to cover the esa.
And instead was put on
(or transferred to) a contributions based ESAin order then to be out straight on to the New Style ESA.

Why was it fine this way ?
They know that I am on the support group, what is their motive
for putting me on this.
And threaten me to work with a work Coach.
I am sorry I just remain confused about why they have done this.
Yesterday I rang DWP ESA and they says that I could close my esa chain and then inform universal credit
that I have done this - but others have said to me you need to ask DWP/ESA
if this was a mistake of theirs.
Any advice would be much appreciated.
Regards
David

Hi Fiona
Your friend has no need to worry. As they are on Conts Based ESA and receiving no other Benefits apart from PIP, they will not get a UC Managed Migration Notice and they will not be moved to New Style ESA. Also they will not be asked to attend the Jobcentre to agree a Claimant Commitment. The only way you can get New Style ESA is by agreeing to a Claimant Commitment.
There have been various rumours about New Style ESA recently so I have looked at it in more detail.
The legislation is below and there is no provision for forced movement of old Contributions Based ESA recipients to New Style ESA if they don't get a Legacy Benefit as well.
Statutory Instruments 2019 No. 1152 Social Security
The Universal Credit (Managed Migration Pilot and Miscellaneous Amendments) Regulations 2019
www.legislation.gov.uk/uksi/2019/1152/made

David

Yes that is a good point. It makes the other person very vulnerable having no money at all. I don’t understand what would have been the point of them paying their NI contributions though? Where would they have gone if the safety net is removed. I don’t think this one (along with the others) has been thought out properly.

Hi glimpy123

The way AI like Deepseek and ChatGpt work is to gather text from hundreds of sources some of which may be inaccurate.

The DWP is NOT sending out Managed Migration notices to people only in receipt of Contributions Based ESA. So therefore there is no forced move to New Style ESA.
Also to get New Style ESA you have to agree to a Claimant Commitment or else you get nothing.
So the incorrect argument being posited would mean that all existing Conts Based ESA only claimants would have their claims closed unless they agreed with the Jobcentre agent to the Claimant Commitment. This is not happening. Existing Conts Based only ESA claimants are not being invited into the Jobcentre under threat of claim closure. You are only being invited if you receive a Legacy Benefit.

The Managed Migration notice lists the Legacy Benefits which are going to be closed.
I have not seen one that just lists Conts Based ESA (because it isn't a Legacy Benefit )Have you?

David

David

Okay so I have an entitlement to Contributions Based ESA but receive the benefit amount within a Income Based ESA claim.

When my claim is migrated to Universal Credit with I receive New Style ESA and Universal Credit?

If that is correct is there anything I need to do to make sure the migration gives me that outcome?

The issue has taken me back to 2011 when ESA was new and shiny, people were put on Income Based ESA and their Contributions Based ESA Entitlement sometimes got lost along the way. It meant if a husband's or wife's earnings went high enough to lose the Income Based Esa the one too sick to work would be left without the income they were entitled to.

In the very unlikely event I end up living with someone else I need to know I won't be relying on them for everything

Hi Anniesmum

The proposal is quoted from here --
www.gov.uk/government/consultations/path...-working-green-paper

Introducing a new Unemployment Insurance by reforming contributory benefits
149. We are consulting on creating a new Unemployment Insurance for those that have made National Insurance contributions. This would mean people receive the income they need alongside the right employment support to get back into work. The welfare system was founded upon the contributory principle – the idea of ‘something-for-something’. Contributory benefits are a form of non-means tested support for those who experience unemployment. Currently, New Style Employment and Support Allowance (NS ESA) and New Style Jobseeker’s Allowance (NS JSA) provide support for those who have recently become unemployed. To qualify for these benefits, 2 to 3 years’ worth of National Insurance credits must have been paid or credited prior to the date of a person’s claim. NS ESA supports individuals whose ability to work is restricted due to a disability or health condition. NS ESA relies on the WCA to determine eligibility. After the WCA, NS ESA places people in either a work-related activity group or a support group, which determines how much work preparation activity they are required to do and how long they are able to access the benefit. NS JSA also supports unemployed individuals, or those working on average less than 16 hours a week, but it does not have a health-related requirement. People receiving NS JSA are expected to be actively searching for work and are able to access the benefit for up to 6 months.

150. Under the reformed system, we are consulting on replacing NS ESA and NS JSA with one new Unemployment Insurance benefit. The rate of financial support would be set at the current higher rate of NS ESA. The benefit would not require a health assessment and would be based on an individual’s National Insurance record as is currently the case.[footnote 84] Individuals, such as those with long term health conditions, would also be able to claim other relevant benefits where eligible.

151. We believe this would make the contributory system simpler and significantly more pro-work by first removing the binary distinction between jobseekers and those considered unable to work (by removing the WCA) and second by removing the financial incentive to be considered unable to work (by paying at a flat rate). We would also be improving the income protection available to people who lose their job, while time-limiting that entitlement (for example for 6 to 12 months) to create a strong incentive to get back into the labour market.

David

Okay so I have an entitlement to Contributions Based ESA but receive the benefit amount within a Income Based ESA claim.

When my claim is migrated to Universal Credit with I receive New Style ESA and Universal Credit?

If that is correct is there anything I need to do to make sure the migration gives me that outcome?

The issue has taken me back to 2011 when ESA was new and shiny, people were put on Income Based ESA and their Contributions Based ESA Entitlement sometimes got lost along the way. It meant if a husband's or wife's earnings went high enough to lose the Income Based Esa the one too sick to work would be left without the income they were entitled to.

In the very unlikely event I end up living with someone else I need to know I won't be relying on them for everything

Hmmm that still doesn't clear it up for me i'm afraid.

Are you saying if i had left the money where it was, it would be disregarded or moved it to his savings account, it would be disregarded?

But because it was spent on energy, it will be viewed as deliberated deprivation of capital?!

That hardly seems fair but i do see what you're saying, although i made such a hash of dealing with his account, i think it's probably pretty obvious to them that i didn't have any clue what i was doing!

My son has sufficient capital to pay back what's owed (unless it is more than 15k) so i just wish they'd hurry up with their processes.

His claim was closed in January.


I told them right away they'd need to pull in all statements going back to claim start because i had never declared current acc savings.

The claim actually should have closed in October 24 if what you say is right and the COL is not going to be disregarded.

His account shows it closed as of December 24 but i expect they will adjust that date when they get to it.

He doesn't need UC (though his NI contributions have stopped and for reasons i won't go into he cannot pay voluntary ones)

But obviously, the overpayment due will be higher if COL is not going to be disregarded on his claim.

The only reason i put in the MR was so they could apply that and get the overpayments right!!! That's very annoying that welfare rights misinformed me. Grrrrrrr!!!!


It looks like his claim was correctly closed after all. Though there was never any intention to deliberately reduce capital. I had never heard of such a thing til recently!

We were facing a 4k energy bill as we are a large household. My son's benefit money is all kept seperately for him as it should be but he doesn't spend it. We are all non disabled working people who have less money than him, so when these COL payments came, it was yet more money he didn't need and paying the household energy seemed a very good use of the extra payments.

I already went to the job centre in january but it wasn't a compliance interview. They just checked the past 3 months' statements and closed the claim.

I only found out about COL subsequent to that. That's when i put in the MR.
Wish i hadn't now. It must have slowed things down!

Thanks for your advice.

Hi, following my ESA assessment, a decision was made to stop my payments and NI contributions. I scored 6 points on there scoring system.
I'm employed and have been through the occupational health interviews and my employer cut my shifts from 12 to 10 hours and have tried to give me a less physical job.
I have AF and have had over 10 cardio versions and 2 ablation procedures.
Whilst in AF I'm very symptomatic.
I still have a very physical job and I'm unable to keep up whilst in AF.
My cardiologist doesn't want to cardiovert me again because I don't stay in sinus rhythm long enough. I'm having tests for a possible pacemaker or maze surgery both procedures should enable me to return to mywork.
Whilst I accept I may be able to do a less physical job elsewhere, I definitely can't carry out my current job.
So should I appeal, will they take this in to consideration?
I don't know wether I should resign.
I've worked for my employer for over 20 years with a good attendance record despite my AF.
Sorry long winded, and I know there are a people in this forum with bigger problems than I've got.
Thank you in advance for any help or advise.