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Advice please re continuing with ESA claims

  • del
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9 years 8 months ago - 9 years 8 months ago #123463 by del
I am in ESA WRAG and currently in receipt of IR ESA. My circumstances will shortly be changing although my health conditions mean I am still not capable of working.
Based on current ESA eligibility criteria when my circumstances change I will not be entitled to any financial payment. HMRC confirmed I have sufficient NI contributions to be eligible for state pension. I also receive an occupational pension.
I would appreciate any advice as to whether or not there are any advantages to continue claiming ESA given that I will not receive any financial payment and that I do not require NI credits.

:evil: I know the disadvantages only too well :lol:
Last edit: 9 years 8 months ago by .

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9 years 8 months ago - 9 years 8 months ago #123466 by

del wrote: I am in ESA WRAG and currently in receipt of IR ESA. My circumstances will shortly be changing although my health conditions mean I am still not capable of working.
Based on current ESA eligibility criteria when my circumstances change I will not be entitled to any financial payment. HMRC confirmed I have sufficient NI contributions to be eligible for state pension. I also receive an occupational pension.
I would appreciate any advice as to whether or not there are any advantages to continue claiming ESA given that I will not receive any financial payment and that I do not require NI credits.

:evil: I know the disadvantages only too well :lol:


Hi d,

I gather that a Change of Circumstances with regards to your financial situation is about to happen, and this change will mean that you can no longer pass the "means test" or other financial qualifying criteria for entitlement to payment of IR ESA.

The advantage of keeping your ESA claim "live" (and this scenario is only if you originally had enough NI Contributions/Credits to be paid CB ESA in The WRAG, and then the CB ESA payments ceased after 365 days) is that if you maintain a "continuous" assessment of Limited Capability for Work, (LCW) and at some future reassessment, or as the result of a change/deterioration in your medical condition, you then qualify for the SG, payments of CB ESA would be reinstated.

If you did not ever receive CB ESA, this will not be the case.

As you may know, if you keep your ESA Claim "live" you will have to still comply with periodic WCA's, although you should not have to comply with WFI's/WRA whilst in receipt of NI Credits only.

I would advise that you seek advice from CAB or the like, if you are still unsure :

Where to get advice

If you are sure that you do wish to close your ESA Claim, I would advise that you do so formally in writing, rather than simply letting it lapse as a result of not complying with a future WCA.

If there is to be a Change of Circumstances, you would have to inform the DWP formally in writing :

Sending Documents to the DWP or ATOS

bro58
Last edit: 9 years 8 months ago by .

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  • James
9 years 8 months ago - 9 years 8 months ago #123476 by James
Bro regarding closing an ESA CB claim when it runs out after 365 days and you have decided not to go onto claim ESA IR for whatever reason what is the scenario?
Id been thinking it just lapses and that's that?
They might send a Claim form for ESA IR do you think,which is it best just to throw away,return uncompleted or ignore?
The NI credit only option over time amounts to a fair bit of money if run for years,but permanently sanctioned ESA IR at £30 per week doesn't seem worth staying in the loop for.
Last edit: 9 years 8 months ago by Gordon.

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9 years 8 months ago #123478 by Gordon
Replied by Gordon on topic Advice please re continuing with ESA claims
James

Technically your ESA(CB) is closed when you have received 365 days of payment, I would not expect you to be transferred to ESA(IR) unless you request to so.

As you will still be considered to have Limited Capability for Work, you continue to receive NI Credits, if you plan to start work as indicated by your post this afternoon then you will need to contact the DWP before doing so to stop these Credits being paid.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • James
9 years 8 months ago - 9 years 8 months ago #123481 by James
Wow Gordon That's a very useful piece of advice.So you say even if you don't do anything they will still continue to pay NI Credits or ought to even if you don't officially apply for IR is this indefinite as one would be "off"ESA and therefore not subject to any form of WCA, PCAs at all?
I was worried about that as there is a many year gap before pension age at 67.(?)
Yes I understand about the work conflict.
Have not fully decided yet.
One crucial question though is the situation as described means tested at all?In other words if like a previous poster reason for not claiming ESA IR was to become ineligibility re:means would the situation you describe ie NI credits paid be automatic & not subject to Means please?
Last edit: 9 years 8 months ago by Gordon.

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9 years 8 months ago #123482 by Gordon
Replied by Gordon on topic Advice please re continuing with ESA claims
James

The payment of NI Credits is not means tested, however, their on-going payment/crediting is subject to you still having LCW so you should expect to continue to receive ESA50s and to potentially to be required to attend face to face assessments, I would expect the frequency to be less than when you were receiving payments, but we have seen B&W members go through this process.

Whilst you continue to have LCW, any re-assessment that results in your being placed in the Support Group will also re-instate the payment of ESA(CB), which of course would not have any sanctions deducted.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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