Long term sickness at 64

calcotti

kensiko wrote: »

I think they are eligible for both, I have only just started looking at UC after advice from posts above, I thought it would always be ESA they would be applying for.

They have always worked so should have full NI for last few years.

If they claim both any ESA is deducted from the UC award so is not necessarily worth claiming ESA unless UC entitlement is less than the ESA - although there is no harm in claiming both.

If they claim UC while getting SSP the amount of UC they get per month is about £60/month. This would go up later if found to have LCWRA.

(Standard allowance is £317.82/month. SSP is £94.25/week which is £408.42/month so an earnings deduction of £257.30 is made leaving £60.52 payable. If he gets tax rebate through PAYE this will also be taken into account but given we are at the start of the tax year this is unlikely.)

kensiko

Aaah I see so they can apply for UC right now (or at anytime) even though they are on SSP as they could get a little extra in regards to other benefits?

If they did this and they got £60/month would the UC then be added to once the SSP finishes if we advise they can no longer work and would have at that point applied for ESA?

Sorry for all the questions, it's a minefield when first looking into this!

EDIT: Sorry, I missed earlier you can do this but lose WTC. Will do the calculations once more.

pmlindyloo

If you let us know his earnings and how much WTC they are receiving someone might be able to do the calculations.

There may be one other factor - sorry!

If they are awarded the standard living element for PIP, live alone and no one claims Carer's Allowance for them they may be eligible for the Severe Disability premium with their ESA. If they get the SDP then they cannot claim UC ( mainly because they would be less well off)

If working tax credits are more than the £60 ish per month that they would get on UC then they should continue on SSP with the working tax credits, then claim contribution based ESA. Once they have their work capability assessment then they may be able to claim an income based 'top up' to include extra premiums. This would not mean a move to Universal Credit.

A trip to Citizens Advice might be in order so they can check paperwork, calculations and advise accordingly.

We are all presuming that your relative is single.

calcotti

pmlindyloo wrote: »

If they are awarded the standard living element for PIP, live alone and no one claims Carer's Allowance for them they may be eligible for the Severe Disability premium with their ESA. If they get the SDP then they cannot claim UC ( mainly because they would be less well off)

This isn't going to apply. They can only claim new-style ESA which, being contribution base not income based, doesn't have any premiums so cannot qualify for SDP even if they claim ESA and have Daily Living PIP.

pmlindyloo

calcotti wrote: »

This isn't going to apply. They can only claim new-style ESA which, being contribution base not income based, doesn't have any premiums so cannot qualify for SDP even if they claim ESA and have Daily Living PIP.

Disagree, sorry.

OP seems to indicate that his relative has no other income or savings so if awarded PIP daily living he would be entitled to the SDP if all other criteria were met. If awarded he should then be assessed for income based ESA and not have to apply for UC.

Am I missing something?

kensiko

Thanks again all for your advice, it's really helping!

If they do receive any PIP in the future I am thinking it would be mobility and not daily living, but as calcotti has pointed out, this maybe a moot point anyway?

My calculations are leaning towards staying with WTC/SSP for the 28 week duration. I don't have the exact figures and I think they change slightly monthly but I believe they receive approx £400/month wage and £150/month WTC.

The relative is single, yes. They live alone in their own owned outright house.

kensiko

pmlindyloo wrote: »

Disagree, sorry.

OP seems to indicate that his relative has no other income or savings so although he would be on new style ESA during the assessment phase, once they were awarded WRAG/Support Group then they could be assessed for income based ESA to be awarded the premiums (whichever ones are appropriate)

Does that make sense?

Once 28 weeks are completed, yes they will have no income/savings. But this is only to do with any future PIP daily living being awarded? Which, as mentioned I think is doubtful.

pmlindyloo

kensiko wrote: »

Once 28 weeks are completed, yes they will have no income/savings. But this is only to do with any future PIP daily living being awarded? Which, as mentioned I think is doubtful.

Wait for Calcotti to reply.

I think that you can claim contribution based ESA (new style ESA) and then if you are entitled to the SDP you can continue with the claim with an income based 'top up'.

I believe Calcotti disagrees as they consider it to be a new claim for an income based benefit and so would have to be a claim for UC (as well as new style ESA.)

pmlindyloo

OK, have done some further research and I am wrong!

It's all about a new income based claim when on new style ESA.

My information was for those on the old contribution based ESA.

Sorry! and good luck.

kensiko

pmlindyloo wrote: »

OK, have done some further research and I am wrong!

It's all about a new income based claim when on new style ESA.

My information was for those on the old contribution based ESA.

Sorry! and good luck.

No problem, thanks