Starting a buisness on ESA.

rogerblack

dafteric wrote: »

I've been told so, contribution based ESA Wrag for me ends at the end of February and then I have to apply for the other kind. But I have been told I have my next medical next May. Next year is going to be a !!!!! Last chance Saloon really the time I have now :-/

Do you have savings exceeding 16K, a working partner, or assets other than personal possessions and a house?

Horseunderwater

Yes the ESA cont will stop, but unless you £16k+ of capital or other assets, then you should be able to complete an ESA3 form to get Income related.
Has your MH etc got any worse since last WCA? If it has then your support worker needs to write a letter detailing why you now fit the Support group descriptors. Most fail the WCA because they do not understand that, so end up going to Mand reconsideration/tribunal Appeal. http://www.sense.org.uk/content/esa-descriptors-determine-whether-you-have-limited-capability-work please have a good read of the descriptors & see if you fit a Support group one. As your Dad says, you should be supported, so please try.

Ames

Applying for income based rather than contribution based isn't like applying for ESA in the first place. It's a paper exercise based on simple facts (income, assets etc). It's an assessment of means, not of medical needs. It sounds like you're scared because someone's told you you have to reapply, but not explained that it doesn't mean going through medicals etc.

dafteric

believe me when i say that I went through all of these with my advocate when i was planning to appeal. My situation is such that my mental and physical health only touches on a few points on this list. They only reason I was moved onto WRAG was for special circumstances as my counsellor said in a letter to the DWP I had issues dealing with change, and I still do :-/

rogerblack

dafteric wrote: »

believe me when i say that I went through all of these with my advocate when i was planning to appeal. My situation is such that my mental and physical health only touches on a few points on this list. They only reason I was moved onto WRAG was for special circumstances as my counsellor said in a letter to the DWP I had issues dealing with change, and I still do :-/

Even if you do not match any of the 'normal' descriptors - the other main route to ESA is for those who it would cause severe damage to their health if they were found fit for work.
This still applies for renewals, it's not a time-limited thing.

In addition - getting a complete copy of your file is a good idea.
This will tell you why you were granted ESA.
If it was due to the 'cannot cope with change' descriptor
'(a) Cannot cope with any change to the extent that day to day life cannot be managed.'
Then there is a real argument that you shoud also meet 'Cannot cope with any change, due to cognitive impairment or mental disorder, to the extent that day to day life cannot be managed.'

and that you should have been granted support group from day 1.

NewBeginnings_2

hi im in similar situation live at home in my 30's considering the permitted work im in the support group of esa and i have option of a home based commission job role next month... few hours a week to see how i get on. been told i can do commission based under permitted work. I was a bit dubious and thought should i go in on more hours and reg as self employed and get working tax credits. Hard to know what to do for the best and so on... hope you get sorted

rogerblack

NewBeginnings wrote: »

hi im in similar situation live at home in my 30's considering the permitted work im in the support group of esa and i have option of a home based commission job role next month... few hours a week to see how i get on. been told i can do commission based under permitted work. I was a bit dubious and thought should i go in on more hours and reg as self employed and get working tax credits. Hard to know what to do for the best and so on... hope you get sorted

You absolutely can't get working tax credits and ESA when earning more than 20 pounds a week.
It is really, really unlikely you can convince tax credits you have a legitimate business at that level, so any tax credits given will likely be treated as overpaid.

In order to get tax credits, you need to be doing more than 16 hours.
When doing permitted work at over 20 pounds a week under ESA, you can only work under 16 hours.

In principle something might be possible if you can use different definitions of earnings, and hours - but this is probably complex, and will lead to problems, even if you could win at appeal.
It is a complex area, not likely understood by the vast majority of advisors or benefits agency or HMRC staff.