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ESA reclaiming query
- Battlestar
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5 years 5 months ago #221182 by Battlestar
ESA reclaiming query was created by Battlestar
Hello all,
I'm in a dilemma and wondered if anyone can help. I'm severely disabled and have been since I was 15.
Brief history:
I was on DLA and Income Support indefinitely since I got disabled. Somewhere in 2010-2014 got changed to ESA contribution based and I got put in a support group. No interview, no nothing and its been fine. Then last year I got placed into PIP that gets reviewed every 8 years.
I've only ever worked once for 8 months (2016) but it did not work out and I was back on ESA. I currently get £130 a week on ESA. Since April I also get Child Tax Credits too.
I've been offered a job and it might work out, it might not. I will have to inform DWP that I am working and apply for tax credits but here is where I get confused as since July this year I now live in the dread Universal Credit area.
My question:
So say I cancel my ESA a claim, I will lose £130 a week. Then I'll apply for Working Tax Credits (I figure i'll earn about £8,-10,000 a year, doing 35 hours a week). Lets say after two months I realise I can't hack it (I won't know until I try).
Can I reclaim ESA or will it be UC. If it will be ESA, will I get what I was getting before or will it be treated as a new claim and I will get the new max (assuming) £110.
Thanks in advance.
I'm in a dilemma and wondered if anyone can help. I'm severely disabled and have been since I was 15.
Brief history:
I was on DLA and Income Support indefinitely since I got disabled. Somewhere in 2010-2014 got changed to ESA contribution based and I got put in a support group. No interview, no nothing and its been fine. Then last year I got placed into PIP that gets reviewed every 8 years.
I've only ever worked once for 8 months (2016) but it did not work out and I was back on ESA. I currently get £130 a week on ESA. Since April I also get Child Tax Credits too.
I've been offered a job and it might work out, it might not. I will have to inform DWP that I am working and apply for tax credits but here is where I get confused as since July this year I now live in the dread Universal Credit area.
My question:
So say I cancel my ESA a claim, I will lose £130 a week. Then I'll apply for Working Tax Credits (I figure i'll earn about £8,-10,000 a year, doing 35 hours a week). Lets say after two months I realise I can't hack it (I won't know until I try).
Can I reclaim ESA or will it be UC. If it will be ESA, will I get what I was getting before or will it be treated as a new claim and I will get the new max (assuming) £110.
Thanks in advance.
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- Gordon
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5 years 5 months ago #221201 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA reclaiming query
Battlestar
There is a 12-week linking rule for ESA, however, there is some debate whether this results in a reinstatement of the original claim or whether it requires a new claim but reinstates the previous award.
If the former, then providing you notify the DWP within 12 weeks of closing your existing claim then you will be put back onto ESA with your existing award.
If the latter, which I think is the more likely then you will need to make a new claim for UC and be assessed from scratch to see if you qualify for an award.
I also have to mention your PIP. While there is no specific requirement for you to inform the DWP that you are starting work, given the number of hours that you are proposing to work, it will definitely disadvantage you if you do not and the DWP decide that your working is the result in an improvement in your conditions.
Gordon
There is a 12-week linking rule for ESA, however, there is some debate whether this results in a reinstatement of the original claim or whether it requires a new claim but reinstates the previous award.
If the former, then providing you notify the DWP within 12 weeks of closing your existing claim then you will be put back onto ESA with your existing award.
If the latter, which I think is the more likely then you will need to make a new claim for UC and be assessed from scratch to see if you qualify for an award.
I also have to mention your PIP. While there is no specific requirement for you to inform the DWP that you are starting work, given the number of hours that you are proposing to work, it will definitely disadvantage you if you do not and the DWP decide that your working is the result in an improvement in your conditions.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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