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UC and New ESA

Hi

For almost 4 years my wife was getting PIP. Her claim was stopped in December 2018 and a mandatory reconsideration failed too. She does not want to appeal.

We have just been told about "New style ESA" and are looking to apply for it within a new claim for Universal Credit.

I believe that my wife could have been claiming (subject to meeting the qualifying criteria) ESA whilst receiving PIP?

Too late for that now but can anyone tell me how ESA works?

All I know is that she needs to get a "Fit note" from our GP? I assume that is what we old uns would call a "sick note" ie: details her conditions and states she is unable to work? How long does that note last?

How do we get that note to the Universal Credit people?

Can the claim be backdated at all - but bearing in mind my wife has not had any previous "Fit notes" as we did not know ESA existed?

RD

Comments

  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    New style ESA is a contribution based benefit. To qualify your wife will have to have made NI contributions, or received credits, for the period April 2016 to March 2018. Was she in work at all during this time?
    https://www.gov.uk/guidance/new-style-employment-and-support-allowance

    If you are both of working age and your household income is low you may qualify for Universal Credit.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • Alice_Holt
    Alice_Holt Posts: 6,091 Forumite
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    edited 5 January 2019 at 5:32PM
    Re PIP. Most MR's fail (80%).
    Those that go on to appeal, have a 71% success rate at Tribunal.

    Before abandoning PIP, I would suggest your wife gets advice.
    https://www.citizensadvice.org.uk/about-us/contact-us/contact-us/contact-us/

    If she sets the appeal in motion, but later decides she can't face going through with it - she can withdraw her appeal at any point.
    But by abandoning her challenge at MR stage, she closes that option for ever.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    I agree with what Alice has posted. If your wife may consider going to appeal she should get the appeal lodged within one month of the date on the Notice of Mandatory Reconsideration. A late appeal may be accepted but this should not be relied on.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • tazwhoever
    tazwhoever Posts: 1,326 Forumite
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    Alice and calcotti are brilliant. I was crying when there was an issue with my claim...told to MR (same result). Was going to give up but still told to apply to tribunal and ticked 'yes' we (my rep and I) will be coming to hearing with more evidence but the tribunal changed my decision.

    If you are sick and have evidence then go all the way.

    Good luck
  • calcotti
    calcotti Posts: 15,696 Forumite
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    rorysdad wrote: »
    We have just been told about "New style ESA" and are looking to apply for it within a new claim for Universal Credit.

    I should also have mentioned in my earlier post that if you make a claim for both Universal Credit and new style ESA the amount of ESA is deducted from your UC so you don’t get any extra money (assuming that your UC award would be more than the ESA amount).

    If you are making a new claim for UC your wife should obtain Fit Note from her GP (you are right this is what most of us would call a sick note but the bureaucrats renamed them) for use with the UC claim. You can take it to the JobCentre as part of the UC application process. If your wife’s health condition is long term she should be put through a Work Capability Assessment process and if found to have Limited Capability for Work and Work Related Activity additional money will be included in the UC award from the fourth month.

    Lots of information about UC and the claim process here https://www.citizensadvice.org.uk/benefits/universal-credit/
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • TELLIT01
    TELLIT01 Posts: 17,097 Forumite
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    calcotti wrote: »
    New style ESA is a contribution based benefit. To qualify your wife will have to have made NI contributions, or received credits, for the period April 2016 to March 2018. Was she in work at all during this time?
    https://www.gov.uk/guidance/new-style-employment-and-support-allowance

    If you are both of working age and your household income is low you may qualify for Universal Credit.


    Under the 'old style' ESA Conts. there was a requirement to have made NI Contributions for part of the period, not just have received credits, is that not the case with the new version?
  • calcotti
    calcotti Posts: 15,696 Forumite
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    edited 5 January 2019 at 9:11PM
    TELLIT01 wrote: »
    Under the 'old style' ESA Conts. there was a requirement to have made NI Contributions for part of the period, not just have received credits, is that not the case with the new version?

    Yes it is, minimum 26 weeks paid or treated as paid. As always it’s difficult to know how much detail to include in a reply but it’s why I’ve asked if wife worked at all during the relevant period. If earning over the lower threshold but below the primary threshold no NI is actually paid by employee but it is treated as paid so employee can qualify without having actually paid any contributions - but they cannot rely solely on credits through other benefits etc.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Have just noticed from different thread that OP has self employed income which will obviously reduce a UC claim and presumably may vary month to month so will be worth wife claiming New style ESA if she qualifies as per NI requirements indicated above.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
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