ESA help please

Maggie

Just to add to the advice already given.

Carers Allowance pays NI Credits, not Contributions so these cannot be used on their own to meet the Contribution requirements for ESA(CB), however, there is a relaxation of these conditions if you have been previously claiming CA.

ESA Reg.8

(2) The conditions referred to in paragraph (1) are that the claimant—

(a) was entitled to a carer’s allowance in the last complete tax year immediately preceding the relevant benefit year;

From your post you appear to meet the requirement, the Tax Year for 2015 will be 2013-14.

Gordon

Ultramarine wrote: Mrs. Hurtyback referred me here from another thread I opened about someone receiving CA but who previously qualified for CB ESA. When he partner's income took them over the threshold as a family unit, she continued to have an entitlement to ESA but received no funds. Now they are separating and she doesn't know whether or not to claim Income-based or Contribution. Mrs. HB has given me some valuable information already, but can I just ask something about the relaxation you speak of?

If my friend has been a CA recipient for the full tax year before applying for ESA in future (she has not yet moved out of the family home and continues to receive CA for the soon-to-be ex-partner), how does the relaxation affect her application? Does it mean they consider the NI credits like contributions, then? Or have I misunderstood your post?

From your other posts there appear to be two issues rather than one effecting your friends ESA.

As Mrs H has said, if they were not in the Support Group then their ESA(CB) payments would have been limited to 365 days. They can make a new claim for ESA(CB) (see below), but this will at best only offer a further 365 days of payments if they are not placed in the SG.

This situation may be further complicated if the DWP require them to close any current claim before they make a new one as doing this will break any links to their current claim, in short it will be all of nothing (in regards to ESA(CB)).

The second issue appears to be the prevention of payment of Income Related ESA due to the husband's income or hours worked. If they are now separated then this impediment should have now been removed.

My advice is to first pursue the payment of ESA(IR) this will require them to complete an ESA3 form about their finances which they can get from the ESA office dealing with their claim. This option is risk free and unless she has other sources of income should pay the same as ESA(CB).

If she does receive other income then ESA(CB) may result in a higher payment (for the year) but they would need to be very sure that they would qualify before going down that route.

They also need to be aware of the possibility of their ESA being re-assessed, this will certainly be the case for a new claim and the re-instatement of their current claim may well result in a re-assessment being started.

Gordon