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credits only ESA claim for someone who now needs means tested benefits
- mjblack
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1 week 3 days ago #307048 by mjblack
credits only ESA claim for someone who now needs means tested benefits was created by mjblack
Hi,
I receive enhanced mobility and daily living components of PIP. I’ve been on ESA since 2010, in LCWRA group. I didn’t have sufficient NI record, so this was always income related only. From 2012 to 2021 I was renting from the council and also received full HB.
Around June 2020 my partner moved into my home. He had a significant income from employment so I stopped being eligible for means tested benefits. I was told that my ESA claim had become credits only.
Recently, my relationship with this partner broke down and my ex partner no longer lives with me. I need to claim means tested benefits and will qualify from an income perspective. I am trying to work out whether there is a way to continue with my ‘legacy’ benefits claim, and if so, how. I’ve been given very confusing and contradictory info by CAB, DWP and want to be sure I get this right. I have done some self-employed ‘permitted work’ during this time but always within the permitted work limit, with the DWP knowing. I have paid two years of voluntary NI contributions - years 2022-2024. I’m hoping that I’ll be able to continue very part-time permitted work, but without my previous partner here, it’s currently unclear how realistic that is and I’m certainly not doing any currently. Would really welcome any help.
The things I’m having difficulty working out confidently are:
- Is there any way to turn the legacy credits only ESA claim back into a (legacy) income related ESA claim? If not, why not, given I have already been put in LCWRA group?
- If I need to claim UC, instead, should the credits only claim based on LCWRA mean that there isn’t a waiting time?
- UC is a lot less than ESA means tested was, for me. If I need to claim UC, presumably there is no way for me to get any transitional protection?
Thanks so much for any help you can give me navigating a really difficult time.
I receive enhanced mobility and daily living components of PIP. I’ve been on ESA since 2010, in LCWRA group. I didn’t have sufficient NI record, so this was always income related only. From 2012 to 2021 I was renting from the council and also received full HB.
Around June 2020 my partner moved into my home. He had a significant income from employment so I stopped being eligible for means tested benefits. I was told that my ESA claim had become credits only.
Recently, my relationship with this partner broke down and my ex partner no longer lives with me. I need to claim means tested benefits and will qualify from an income perspective. I am trying to work out whether there is a way to continue with my ‘legacy’ benefits claim, and if so, how. I’ve been given very confusing and contradictory info by CAB, DWP and want to be sure I get this right. I have done some self-employed ‘permitted work’ during this time but always within the permitted work limit, with the DWP knowing. I have paid two years of voluntary NI contributions - years 2022-2024. I’m hoping that I’ll be able to continue very part-time permitted work, but without my previous partner here, it’s currently unclear how realistic that is and I’m certainly not doing any currently. Would really welcome any help.
The things I’m having difficulty working out confidently are:
- Is there any way to turn the legacy credits only ESA claim back into a (legacy) income related ESA claim? If not, why not, given I have already been put in LCWRA group?
- If I need to claim UC, instead, should the credits only claim based on LCWRA mean that there isn’t a waiting time?
- UC is a lot less than ESA means tested was, for me. If I need to claim UC, presumably there is no way for me to get any transitional protection?
Thanks so much for any help you can give me navigating a really difficult time.
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- latetrain
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6 days 22 hours ago #307213 by latetrain
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by latetrain on topic credits only ESA claim for someone who now needs means tested benefits
Hi mjblack
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.
We cannot answer your question as we do not have all the facts, such as how long did you stop your ESA. You will not be able to apply for IR ESA as legacy benefits are not available to new claimants, your only option would be to apply for UC, as you are not in receipt of the support component of ESA you will have to start from afresh and give your work coach a "fit note" from your Dr to start the assessment phase.
To apply for NS ESA, you must have:
1. In one of the two relevant tax years, paid Class 1 contributions (and worked at least 26 weeks in one of these years), or paid Class 2 contributions, at least 26 times the lower earnings limit and
2. During both the relevant tax years, paid or been credited with Class 1 or 2 contributions at least 50 times the lower earnings limit.
Relevant Tax Years: the relevant years are the last 2 complete tax years (6 April - 5 April) before the current benefit year.
Benefit Year: runs from the first Sunday in January
New Style ESA is payable for a maximum of 12 months if you are placed in the work related activity group. The 13 week assessment phase will form part of the 12 month payment period if you are subsequently placed in the work related activity group.
If you are places in the support group, the time limit does not apply and you will continue to receive New Style ESA for as long as you meet the qualifying conditions.
The WCA has two parts: the limited capability for work assessment and the limited capability for work related activity assessment.
The first part of the WCA considers whether you have a limited capability for work. If the total score reaches 15 points or more then you have a limited capability for work.
The second part of the WCA considers whether you have a limited capability for work related activity. The assessment has a list of descriptors relating to both physical and mental/cognitive functions. If you meet at least one of these descriptors, you will receive the work capability amount.
We would advise you to read B&W guide when completing the WCA form.
Gary
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.
We cannot answer your question as we do not have all the facts, such as how long did you stop your ESA. You will not be able to apply for IR ESA as legacy benefits are not available to new claimants, your only option would be to apply for UC, as you are not in receipt of the support component of ESA you will have to start from afresh and give your work coach a "fit note" from your Dr to start the assessment phase.
To apply for NS ESA, you must have:
1. In one of the two relevant tax years, paid Class 1 contributions (and worked at least 26 weeks in one of these years), or paid Class 2 contributions, at least 26 times the lower earnings limit and
2. During both the relevant tax years, paid or been credited with Class 1 or 2 contributions at least 50 times the lower earnings limit.
Relevant Tax Years: the relevant years are the last 2 complete tax years (6 April - 5 April) before the current benefit year.
Benefit Year: runs from the first Sunday in January
New Style ESA is payable for a maximum of 12 months if you are placed in the work related activity group. The 13 week assessment phase will form part of the 12 month payment period if you are subsequently placed in the work related activity group.
If you are places in the support group, the time limit does not apply and you will continue to receive New Style ESA for as long as you meet the qualifying conditions.
The WCA has two parts: the limited capability for work assessment and the limited capability for work related activity assessment.
The first part of the WCA considers whether you have a limited capability for work. If the total score reaches 15 points or more then you have a limited capability for work.
The second part of the WCA considers whether you have a limited capability for work related activity. The assessment has a list of descriptors relating to both physical and mental/cognitive functions. If you meet at least one of these descriptors, you will receive the work capability amount.
We would advise you to read B&W guide when completing the WCA form.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: mjblack
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- mjblack
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2 days 9 hours ago #307350 by mjblack
Replied by mjblack on topic credits only ESA claim for someone who now needs means tested benefits
Hi, thank you so much for your reply. I've looked extensitvely at the documents available on B&W and these have been very helpful in the past but my particular circumstances at the moment don't seem to be covered anywhere.
I have rewritten my query in the hopes of being more clear. Please let me know if there are any facts missing that you need in order to be able to help me. The relationship breakdown, change in care arrangements, change in finances etc has been very destabalising and I am struggling to communicate effectively. I apologise in advance.
I receive enhanced mobility and daily living components of PIP, I received DLA from 2010 until PIP migration.
I’ve been on ESA since 2010, in LCWRA group. I didn’t have sufficient NI record, so this was always income related only.
From 2012 to 2021 I was renting from the council and also received full HB for the time I was living alone.
Around June 2020 my partner moved into my home. He had a significant income from employment so I stopped being eligible for means tested benefits. I was told that my ESA claim had become credits only. From 2020 to present I have had this credit only ESA claim.
Recently, my relationship with this partner broke down and my ex partner no longer lives with me. I need to claim means tested benefits and will qualify from an income perspective. I am trying to work out whether there is a way to continue with my ‘legacy’ benefits claim, and if so, how. I’ve been given very confusing and contradictory info by CAB + DWP and want to be sure I get this right.
I have done some self-employed ‘permitted work’ from 2022 until recently but always within the permitted work limit, with the DWP knowing. I have paid two years of voluntary NI contributions - years 2022-2024. I’m hoping that I’ll be able to continue very part-time permitted work, but without my previous partner here, it’s currently unclear how realistic that is and I’m certainly not doing any currently. This means that I probably fulfil the contributions conditions for NS ESA, if I do need to make a new style claim, but I don’t need help with that bit, I don’t think.
The three things I’m having difficulty working out confidently are:
- Presumably my legacy credits only claim is an ongoing claim to (legacy) ESA? Is it possible for this existing claim to become income related again as it’s a continuation of an existing claim? Or does something about the change mean that I must claim new style benefits?
- If I must claim new style ESA and/or UC, how can my existing LCWRA assessment be transferred over from the credits only ESA claim? Does this mean I can escape the ‘waiting period’ and an immediate WCA, given I’m already assessed as LCWRA?
- UC is a lot less than ESA means tested was, for me. If I need to claim UC, presumably there is no way for me to get any transitional protection?
I have rewritten my query in the hopes of being more clear. Please let me know if there are any facts missing that you need in order to be able to help me. The relationship breakdown, change in care arrangements, change in finances etc has been very destabalising and I am struggling to communicate effectively. I apologise in advance.
I receive enhanced mobility and daily living components of PIP, I received DLA from 2010 until PIP migration.
I’ve been on ESA since 2010, in LCWRA group. I didn’t have sufficient NI record, so this was always income related only.
From 2012 to 2021 I was renting from the council and also received full HB for the time I was living alone.
Around June 2020 my partner moved into my home. He had a significant income from employment so I stopped being eligible for means tested benefits. I was told that my ESA claim had become credits only. From 2020 to present I have had this credit only ESA claim.
Recently, my relationship with this partner broke down and my ex partner no longer lives with me. I need to claim means tested benefits and will qualify from an income perspective. I am trying to work out whether there is a way to continue with my ‘legacy’ benefits claim, and if so, how. I’ve been given very confusing and contradictory info by CAB + DWP and want to be sure I get this right.
I have done some self-employed ‘permitted work’ from 2022 until recently but always within the permitted work limit, with the DWP knowing. I have paid two years of voluntary NI contributions - years 2022-2024. I’m hoping that I’ll be able to continue very part-time permitted work, but without my previous partner here, it’s currently unclear how realistic that is and I’m certainly not doing any currently. This means that I probably fulfil the contributions conditions for NS ESA, if I do need to make a new style claim, but I don’t need help with that bit, I don’t think.
The three things I’m having difficulty working out confidently are:
- Presumably my legacy credits only claim is an ongoing claim to (legacy) ESA? Is it possible for this existing claim to become income related again as it’s a continuation of an existing claim? Or does something about the change mean that I must claim new style benefits?
- If I must claim new style ESA and/or UC, how can my existing LCWRA assessment be transferred over from the credits only ESA claim? Does this mean I can escape the ‘waiting period’ and an immediate WCA, given I’m already assessed as LCWRA?
- UC is a lot less than ESA means tested was, for me. If I need to claim UC, presumably there is no way for me to get any transitional protection?
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- latetrain
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23 hours 49 minutes ago #307407 by latetrain
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by latetrain on topic credits only ESA claim for someone who now needs means tested benefits
Hi mjblack
Due to a break in your claim you cannot go back on to legacy benefits.
I will try and answer your questions:
1) As there is a break in your claim you will have to make a new claim. To apply for NS ESA You must have:
1. In one of the two relevant tax years, paid Class 1 contributions (and worked at least 26 weeks in one of these years), or paid Class 2 contributions, at least 26 times the lower earnings limit and
2. During both the relevant tax years, paid or been credited with Class 1 or 2 contributions at least 50 times the lower earnings limit.
Relevant Tax Years: the relevant years are the last 2 complete tax years (6 April - 5 April) before the current benefit year.
Benefit Year: runs from the first Sunday in January
2) Your LCWRA assessment would have terminated when your ESA stopped. Unfortunately you have to start the assessment period from the start by handing in a fit note.
3) You can only get TP if you are claiming ESA and receive a letter from DWP inviting you to apply for UC.
UC is different to ESA, it does not have permitted work, it has work allowance and earnings taper.
Gary
Due to a break in your claim you cannot go back on to legacy benefits.
I will try and answer your questions:
1) As there is a break in your claim you will have to make a new claim. To apply for NS ESA You must have:
1. In one of the two relevant tax years, paid Class 1 contributions (and worked at least 26 weeks in one of these years), or paid Class 2 contributions, at least 26 times the lower earnings limit and
2. During both the relevant tax years, paid or been credited with Class 1 or 2 contributions at least 50 times the lower earnings limit.
Relevant Tax Years: the relevant years are the last 2 complete tax years (6 April - 5 April) before the current benefit year.
Benefit Year: runs from the first Sunday in January
2) Your LCWRA assessment would have terminated when your ESA stopped. Unfortunately you have to start the assessment period from the start by handing in a fit note.
3) You can only get TP if you are claiming ESA and receive a letter from DWP inviting you to apply for UC.
UC is different to ESA, it does not have permitted work, it has work allowance and earnings taper.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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