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Leaving Work and claiming ESA 1 month 4 weeks ago #261850

Hello! I’ve been in my current job for 32 years but am struggling now and want to leave. I already get standard rate care and higher rate mobility PIP. How do I transition from work to ESA? Do I need a sick note in the first instance? My employers have been very good to me and I don’t want to be on the sick for ages and then leave. Is there a way to claim ESA without being on the sick for ages, please?

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Leaving Work and claiming ESA 1 month 3 weeks ago #261875

Hi jojo0209

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is.

Welcome to Benefits and Work .

I hate to be the bearer of news but you cannot claim legacy ESA, it stopped for new claimants, you now have to claim New Style ESA. www.gov.uk/guidance/new-style-employment-and-support-allowance

New Style ESA is a Contribution Based benefit and is not means tested with the exception of pension income which can reduce the amount that you receive.

The Income Related benefit that goes with NS ESA is Universal Credit.

New Style ESA is a fortnightly payment that can be claimed on its own or at the same time as Universal Credit (UC).

New Style ESA is a contributory benefit. Normally, this means you may be able to get it if you’ve paid or been credited with enough National Insurance contributions in the 2 full tax years before the year you’re claiming in.

Eligibility

To get New Style ESA you’ll need to have been an employee or self-employed and paid (or been credited with) National Insurance contributions, usually in the last 2 to 3 years.

www.gov.uk/national-insurance

You will also need to have a fit note (sometimes called ‘sick note’ or ‘doctor’s note’) but you can start making your claim before you have one. If you have only just become ill, you can self-certify for the first 7 days.

You can get New Style ESA on its own or at the same time as Universal Credit. If you apply for and are awarded both benefits, the New Style ESA you are paid will reduce your Universal Credit payment by the same amount.

If you have any further questions, come back to the forum.

Gary

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

Leaving Work and claiming ESA 1 month 3 weeks ago #261880

Thank you for your reply, Gary.
Yes I’ve already done a bit of research and believe I’ll be eligible to claim new style ESA once I finish work, as I’ve made NI contributions for 32 years.
The issue I’m unclear on is how to actually leave work without having to go on the sick for weeks.
Thanks for the link, I’ll take a look.

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Leaving Work and claiming ESA 1 month 3 weeks ago #261888

Hi jojo0209, I would suggest you need to look into ill heath dismissal procedures. This happened to our daughter. I got her to join Unison trade union at the time, and they were very helpful even though she had not been a member long.
Hope you can get trade union backing too,
Denby
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Leaving Work and claiming ESA 1 month 3 weeks ago #261906

Thank you Denby, that’s helpful, I’ll look into it.
Thanks,
Jo.

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Leaving Work and claiming ESA 1 month 3 weeks ago #261913

I don't think an employer can dismiss someone on ill health grounds without first trying to help them stay in employment, they would be open to discrimination under the Equality Act. Maybe Re-deployment, offering part-time hours or reasonable adjustments. They may expect you to resign if you are too ill too work. Maybe after a few months of being off sick they can look at dismissal. HR or the Union would be the best people to ask.
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