The ESA claimant journey Pack from May - as of now!

Richie-from-the-Boro

- its shows a roadmap
- the most confusing [for some] questions are revealed
- see the section : Claimant journey (from 04 June 2012 onwards)

gerrit ere

wiccanlou

This bit got me as I have had to fill in an ESA 3 anyway even though they are aware that I am already entitled to the IR ESA as my partner is on IB and I had a medical on 06/03/2012 saying i'm off for at least the next year.

16.
Claimants, where we are already aware of an underlying entitlement to income-related Employment and Support Allowance, will be automatically moved onto this when their contribution-based Employment and Support Allowance ends.

ani_26

Richie-from-the-Boro wrote:

gerrit ere

Is it free?

mynameistallulah

wiccanlou wrote: »

This bit got me as I have had to fill in an ESA 3 anyway even though they are aware that I am already entitled to the IR ESA as my partner is on IB and I had a medical on 06/03/2012 saying i'm off for at least the next year.

16.
Claimants, where we are already aware of an underlying entitlement to income-related Employment and Support Allowance, will be automatically moved onto this when their contribution-based Employment and Support Allowance ends.

Your partner is on a contributory benefit, and as such could have capital. Hence you have no underlying entitlement (without further checks).

rogerblack

This does not highlight an important fact.
If you later become eligible for the support group, due to a worsening condition, you will only be entitled to be paid ESA(C) if you haven't broken your claim.

Many may break their claim because they are getting no money, and don't require NI credits for a full pension.
But if they do so, they lose any entitlement to ESA(C) if their condition worsens.

Tehya

rogerblack wrote: »

This does not highlight an important fact.
If you later become eligible for the support group, due to a worsening condition, you will only be entitled to be paid ESA(C) if you haven't broken your claim.

Many may break their claim because they are getting no money, and don't require NI credits for a full pension.
But if they do so, they lose any entitlement to ESA(C) if their condition worsens.

Thank you. I've been trying to find this info for a friend. They're in this exact position and at this moment probably don't fit the Support Group but at the rate their condition is deteriorating they will most likely do so within the next six to 12 months. I've told him to keep his claim going for NI Credits but he was convinced overwise by a JC+ member of staff telling him he'll get ESA again if he needs Support Group which you've just confirmed isn't true unless you qualify for IR ESA. Luckily his money doesn't finish until June.

johnsmi

Still a bit confussed on this,

A person gets ESA (Contribution based) for a year, but then stops gets money because of income rules or over $16k in savings.so not entitled to ESA (income based)

a year later their condition gets worse and are entitled to support group,

Will they get ESA (Contribution based) again.

thanks
john

Tally-Ho_2

johnsmi wrote: »

Still a bit confussed on this,

A person gets ESA (Contribution based) for a year, but then stops gets money because of income rules or over $16k in savings.so not entitled to ESA (income based)

a year later their condition gets worse and are entitled to support group,

Will they get ESA (Contribution based) again.

thanks
john

They will only receive Contributory ESA (Support Group) after their Contributory ESA WRAG has exhausted (assuming a deterioration of condition) if they maintain their ESA claim for 'NI Credits Only' (ie recevie no monetary benefit but continue to claim ESA for National Insurance Credits only).

If they fail to maintain their 'NI Credits Only' claim then the only way they would qualify for any Contributory ESA in the future would be to start from scratch with a new ESA claim however they must satisfy the relevant NI qualifying conditions prevalent at the time of the reclaim. These currently are:

NI Contribution Conditions:
[FONT=&quot]You must have paid enough national insurance contributions to qualify for contribution-based ESA . In general, you need to have actually paid 25 x class 1 or 2 contributions in one of the last 3 tax years; and have paid or been credited with 50 x[/FONT]
[FONT=&quot]contributions in both the last 2 tax years.[/FONT]

[FONT=&quot][/FONT]
[FONT=&quot]The first part can only be satisfied by actually working and paying NI Contributions based on ones salary. The second part can be satisfied by working and paying NI contributions or by receipt of NI Credits awarded by claiming certain benefits.
[/FONT]

[FONT=&quot][/FONT]
[FONT=&quot]In essence most people would have to work (and pay NI Contributions) for at least 6 months to become entitled to reclaim ESA from scratch again (assuming they also meet the requirements of the second part of the conditions).
[/FONT]

[FONT=&quot][/FONT]
[FONT=&quot]Tally
[/FONT]

[FONT=&quot][/FONT]

johnsmi

Tally-Ho wrote: »

They will only receive Contributory ESA (Support Group) after their Contributory ESA WRAG has exhausted (assuming a deterioration of condition) if they maintain their ESA claim for 'NI Credits Only' (ie recevie no monetary benefit but continue to claim ESA for National Insurance Credits only).

If they fail to maintain their 'NI Credits Only' claim then the only way they would qualify for any Contributory ESA in the future would be to start from scratch with a new ESA claim however they must satisfy the relevant NI qualifying conditions prevalent at the time of the reclaim. These currently are:

NI Contribution Conditions:
[FONT=&quot]You must have paid enough national insurance contributions to qualify for contribution-based ESA . In general, you need to have actually paid 25 x class 1 or 2 contributions in one of the last 3 tax years; and have paid or been credited with 50 x[/FONT]
[FONT=&quot]contributions in both the last 2 tax years.[/FONT]


[FONT=&quot]The first part can only be satisfied by actually working and paying NI Contributions based on ones salary. The second part can be satisfied by working and paying NI contributions or by receipt of NI Credits awarded by claiming certain benefits. [/FONT]



[FONT=&quot]In essence most people would have to work (and pay NI Contributions) for at least 6 months to become entitled to reclaim ESA from scratch again (assuming they also meet the requirements of the second part of the conditions). [/FONT]



[FONT=&quot]Tally[/FONT]

Thank you very much for your reply. If someone wants to maintain an ESA claim after being one year in WRAG (but receive no money because of the one year rule and being over the income threshold for ESA income related) what is the proceedure?

Do they have to attend any work focussed interviews as may be required and even have to fill in an ESA 50 form and go for medicals even though they are not going to get any money?

thanks for any further information
John

HB58

I believe that the claim should automatically become 'credit only' when payment stops. Regular reassessments will still be carried out to ensure that people are still classed as being entitled to ESA (it is not yet clear how often these will be) but, as there is no 'work related' payment being received, there is no need to attend work focussed interviews etc.

rogerblack

Tehya wrote: »

Thank you. I've been trying to find this info for a friend. They're in this exact position and at this moment probably don't fit the Support Group but at the rate their condition is deteriorating they will most likely do so within the next six to 12 months. I've told him to keep his claim going for NI Credits but he was convinced overwise by a JC+ member of staff telling him he'll get ESA again if he needs Support Group which you've just confirmed isn't true unless you qualify for IR ESA. Luckily his money doesn't finish until June.

JC staff are so 'helpful'.


As a specific reference - this is section 52 of the welfare reform act.
http://www.legislation.gov.uk/ukpga/2012/5/section/52/enacted

This is basically saying that as long as you have not been found fit for work again, if you become eligible for the support group, the time-limiting does not apply, and you can get benefit again.