Wondering about applying for ESA contrib or ESA IR

Hello Gordon,

I am due to see my GP tomorrow. Have had long discussions with family, who look after me. Their overwhelming view is that I should stop working and claim ESA, as their view is that they have watched me struggle and think I am too ill to continue and need a proper break to let this episode of ill health run its course, however long it takes. I have bipolar disorder 1 - with severe and enduring episodes of depression and less frequent episodes of hypomania/mania. I need to discuss this with my GP, not least because I think I will have to ask for an increase in my dosage of anti-depressant medication - the side effects alone in the first few weeks of an increase will put me 'out of commission'.

My family also think that as I qualify on a means test basis for ESA IR (can't apply for UC because I get SDP as part of my housing benefit applicable amount), I should do that and not bother with ESA contrib. I would have to, as you say, purchase sufficient Class 2 NICs voluntarily which take 42 days to take effect to qualify for ESA contrib and in the state I am in, it is too much of a 'faff' to get my head round, not least because it will mean spending up to £150. I can't see the financial benefit in having it.

We realise too, that I get full housing benefit and council tax reduction as well as getting full working tax credits (with disability and severe disability elements). I also get the enhanced rate of daily living PIP. I have no capital anywhere near the £6,000 lower threshold. If I were to purchase Class 2 NICs and get ESA contrib, my council will count that as taxable income, whereas if I get ESA IR, it is viewed as nil income.

I have your excellent guides on ESA and I am relying on the one dating from September 2019, so will have a proper look at it.

I will need a fit note - I realise that. I will have to fill in form ESA1. But, in order not to suffer during the assessment phase financially, is it right that I can ask for form IS10 and get SDP top ups during the assessment phase? How does that all work?

I will also have to inform HMRC Tax Credit Office of sickness and applying for ESA, but when does that date from? Date of first getting accepted onto ESA assessment phase? Or date of sick note? It is important to know that because, you only get a 4 week run on of WTC payments (although your WTC claim is kept open for the first 28 weeks) and I do not want to be in a position where I am without either WTC or ESA assessment phase (with SDP top up) payments. I know you don't deal with the tax credits side of things, but you may know some answer to this or where I can find out.

Thank you again for your help.

Libra

Thank you Gordon.

That's good to know about when I will need to inform HMRC Tax Credit Office. It makes sense for it to be from when I start a claim for ESA. That way, with the 4 week run on of WTC, there is time to put the ESA IR assessment phase payments in place. My family advise that I don't do an ESA claim over the phone because I won't cope with it. They tell me I can ring and ask for the form to be sent to me (including the IS10). That's right, isn't it?

Can I ask when filling out the ESA1, is that the form which determines my financial circumstances? Do I send out bank statements at that point? How far back do they need bank statements from usually? I will also need a form B16 because I am self-employed and need to give details. I also need to ask for an IS10 form because I get enhanced rate of PIP, live alone and no-one gets carer's allowance for looking after me so should get the SDP top up. I also think I get the EDP (Enhanced disability premium or disability income guarantee) because I get enhanced rate PIP. In total, it will be more than I am getting now on working tax credits with the disability elements. I think I am right in thinking I can get these top-ups during the assessment phase? If so, there is no doubt I will get more on ESA IR than on legacy ESA contrib.

My appointment with my GP is later this afternoon. I feel very conflicted. It is nearly 6 years since I was last on ESA and I vowed I would never apply for this benefit again. It has given me a lot of dignity being able to work with the help of working tax credits, albeit part-time because my mental health condition is for life and even with medication, I do have relapses.

Lastly, I know that the assessment phase should be no longer than 13 weeks (including filling in and sending back the ESA50) but I hear it can go on for longer before getting a medical? I am in the London area. What are peoples' experiences of waiting times from the start of their claims?

Thank you again for your help.

Libra