ESA finished - what to do next

First of all apologies if someone else has asked this. I have problems with my sight and cannot read through all the threads.


I am/was in the WRAG and my 12 months contributions based ESA has finished. I have read and been given contradictory advice by the DWP as to what to do next.

From what I understand I may be able to do nothing for 12 weeks and then reclaim contributions based ESA. If I have paid enough NI in the appropriate previous tax year I will get money again.

I have been given a ESA3 form to claim income based ESA but know I won't be eligible for money as my partner works full time. One person at DWP said I needed to fill this in anyway to take care of my NI contributions. A second person said this wasn't so.

My questions is, should I fill in the form for income based ESA to keep my claim open and NI paid.
Or should I close my claim and reclaim after 12 weeks,
Or, should I do nothing and then reclaim after 12 weeks? (if so, does this happen automatically or do I need to request a form?)

I am still being asked to go to Worked Focused interviews.

Many thanks

keddi wrote: First of all apologies if someone else has asked this. I have problems with my sight and cannot read through all the threads.


I am/was in the WRAG and my 12 months contributions based ESA has finished. I have read and been given contradictory advice by the DWP as to what to do next.

From what I understand I may be able to do nothing for 12 weeks and then reclaim contributions based ESA. If I have paid enough NI in the appropriate previous tax year I will get money again.

I have been given a ESA3 form to claim income based ESA but know I won't be eligible for money as my partner works full time. One person at DWP said I needed to fill this in anyway to take care of my NI contributions. A second person said this wasn't so.

My questions is, should I fill in the form for income based ESA to keep my claim open and NI paid.
Or should I close my claim and reclaim after 12 weeks,
Or, should I do nothing and then reclaim after 12 weeks? (if so, does this happen automatically or do I need to request a form?)

I am still being asked to go to Worked Focused interviews.

Many thanks

Hi k,

Welcome to Benefits and Work

There is an option to close your ESA claim and make a fresh claim for CB ESA after the 12 weeks linking rule period has expired.

However, for this to give you a fresh entitlement to CB ESA you would need to have the requisite number of NI Contributions from employment in the two previous qualifying years.

After 05/01/14 the two relevant qualifying years are 2011/2012 & 2012/2013.

If you do not have enough NI Contributions as above for those years, you would have no further entitlement to CB ESA.

Therefore, if you were working in that period, but you are not certain that you have the requisite number of NI Contributions, it may be advisable to gain face to face advice :

Where to get advice

Or, you could put Welfare Rights/Advice for your Town/Postcode into your search engine.

See also :

www.gov.uk/national-insurance/overview

www.hmrc.gov.uk/rates/nic.htm

www.hmrc.gov.uk/ni/intro/check-record.htm

See a previous post from Gordon Re : this :

www.benefitsandwork.co.uk/forum?catid=10...=topic&start=6#78598

You do not have to fill in an ESA3 to maintain your NI Credits, as once payment of your CB ESA ceases after 365 days if not in The SG you will be classed as being in receipt of a nil rate award and your NI Credits will still be awarded.

However, these NI Credits will go towards your State Pension only.

See : 12 Month Limit for ESA(CB)

An ESA 3 Financial Assessment Form is only used to assess your entitlement to IR ESA.

If as you say your partner works more than 24 hours/week, you would not be entitled to any IR ESA.

Even though your payments of CB ESA will cease, your assessment of Limited Capability for Work (LCW) (WRAG) will still exist until you are reassessed and a fresh decision is made.

So, even though you no longer have to comply with any WFI's or WRA whilst in receipt of a "nil rate" award, :

See :

DMG Chapter 53 53014. 4.

53014 The conditions1 referred to in DMG 53013 are that the claimant is :

1. entitled to ESA or an advance award of ESA2 has been made (DMG 53200 et seq)

and

2. not a member of the support group

and

3. under the age at which a woman of the same age as the claimant attains pensionable age (see DMG Chapter 75) and

#4. not a person who is only entitled to ESA(Cont) payable at nil rate#

5. not a lone parent who is responsible for and a member of the same household
as a child aged under one.


From :

www.gov.uk/government/uploads/system/upl...e/297548/dmgch53.pdf

(As you don’t have to comply with WFI’s you don’t have to comply with WRA either.)


(cont) you will still have to undergo periodic reassessment of the WRAG award.

This will involve a fresh ESA50, WCA, etc.

Therefore, you do not have to fill in an ESA 3 to maintain your NI Credits.

As things stand, as long as you maintain a Continuous assessment of LCW, if you are placed into The SG at some future reassessment, or as a result of a review due to a change or deterioration in your condition, payment of CB ESA will be reinstated, and remain in payment for as long as you remain in The SG.

It is therefore important that you are sure that you have the necessary NI Contributions for re-entitlement to payment of CB ESA before you close your claim and make a fresh one.

bro58

Wow. Thank you for that comprehensive reply.

Can I just clarify. If I think I have the necessary NI contributions to get ESA (CB) after the 12 week gap - do I need to close the claim before I can make a new one or can I continue without money until 12 weeks are up and then reapply?

Many thanks