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TOPIC: Claiming cbESA instead of UC

Claiming cbESA instead of UC 1 week 4 days ago #240057

Hi,

I have a friend who is claiming UC due to illness and is currently in the assessment phase but is having income from a private pension deducted from his weekly amount. He will have enough national insurance contributions to have made a claim for contributions based ESA if he had been advised to do so, so I'm wondering if he would be able to switch to cbESA and have it back dated? He's not in receipt of PIP.

Thanks,

ka

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Claiming cbESA instead of UC 1 week 3 days ago #240071

Ka

It won't mean that he will get more unless he also closes his UC claim and then he will lose access to free prescriptions, etc.

I would suggest that they start by putting their information into one of the online benefit calculators,

www.gov.uk/benefits-calculators

They will need at least 50 weeks of NI Contributions in the two Tax years 2016-17 and 2017-18.

The claim would be for New Style ESA not ESA(CB).

Gordon

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

Claiming cbESA instead of UC 1 week 3 days ago #240078

Hi,

On a tangent, something I have been wondering is if you are in receipt of irESA and received a sum of money that took you over the £16k you’re allowed in the bank, could you claim new style ESA or cbESA instead, or do National Insurance Credits not count towards eligibility for that?

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Claiming cbESA instead of UC 1 week 3 days ago #240081

Ka

There are two Contribution Conditions;

The first requires the claimant to have received 26 weeks or more of Class 1 or 2 NI Contributions in one of the two Tax Years 2016-17 or 2017-18, for a claim made in 2019. NI Contributions can only be acquired through paid employment or registered self-employment.

The second requires them to have received a minimum of 50 weeks or Class1 or Class 2 NI Contributions or NI Credits in both of the Tax Years 2016-17 and 2017-18 for a claim made in 2019.

ESA and NS ESA pay Class 1 NI Credits, UC only pays Class 3 so they can't be used for a Contribution based claim.

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