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ESA/JSA - looking to the future

  • Lynne B
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8 years 6 months ago #141651 by Lynne B
ESA/JSA - looking to the future was created by Lynne B
Hi, I am trying to get an idea of what I may be entitled to benefits-wise in the next year or two as this is all new to me (finished working in June 2015 following accident).

I am currently on ESA assessment rate (awaiting the face to face bit); I am not expecting to get into the SG but hoping I may get WRAG. (Spinal condition due to accident + osteoarthritis).

My questions are these: (I am on Contribution based ESA)

1. If I get into WRAG, I believe this lasts for one year & then stops. Can you then re-apply if you supply new Fit Notes and keep doing this year after year, so effectively going back onto the Assessment rate again and repeating the process ?

2. I would not get anything "Income based" due to my husband's work. How long does "Contribution based" ESA entitlement last after you have left work for a few years ? i.e can you be entitled in a future year based on DWP paying your contributions in the preceding year/qualifying period whilst getting ESA? (not sure how the contribution-based bit works ie. when it ends)

3.If I don't get WRAG and have to claim JSA - I believe this is payable for 26 weeks only. Can you claim again and if so, how soon ? Also how long does contribution-based entitlement last with JSA ?

4. I may be able to claim a small ill health pension shortly - would this need to be declared if claiming Contribution based ESA or JSA please? Any other pitfalls in claiming this now ?

Many thanks - and apologies for so many questions, I look forward to your reply.

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8 years 6 months ago #141658 by Gordon
Replied by Gordon on topic ESA/JSA - looking to the future
Lynne

If you are placed in the Support Group then you ESA(CB) will remain in payment as long as you continue to meet the criteria and you would still have 365 days of payment if moved to the WRAG.

If your husband works full time then you will not be eligible for Income Related ESA, but if he works less than 24 hours a week you might be, it will be dependant on your household income and savings.

To answer you specific questions.

1. Entitlement to ESA(CB) payments last for only 365 days if you are not in the Support Group, this will be from when your claim start, not when a Decision is made. You remain eligible for ESA and will receive NI Credits which count towards a full State Pension as long as you continue to meet the criteria.

In principle you can make a new claim for ESA(CB) but as it will be a new claim you will need to re-meet the Contribution Conditions from scratch, whether you can will depend on when you last worked and when you make your claim, it's not possible to say whether you would qualify until the claim is made.

The majority of claimants will not be able to meet the Conditions (See below) and even if you do so once, you will not be able to do so again as you will not again be able to meet the Conditions without working.

2. ESA(CB) entitlement is based on your NI Contribution history, the rules are complicated but are based on the two full Tax Years preceding the year of claim. For 2015 the years are 2012-13 and 2013-14.

3. JSA(CB) is only payable for 26 weeks, re-entitlement is similar to ESA(CB) although I believe there are additional restrictions on re-claiming (we don't advise on JSA).

4. Yes you would need to declare any pension income. We can't give detailed financial advise on the forum, so you would need to get face to face advice from a trained advisor before making any decision to take the pension now rather than later.

Gordon

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

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