Can I claim uc if I leave work for health reasons

calcotti

Cam05 wrote: »

So if I left and claimed newstyle esa and uc I wouldn't be sanctioned, or would that be sanctioned under uc rules

You could not be sanctioned for the ESA but could be for the UC although I think this unlikely if you have a Fit Note.

Cam05 wrote: »

What if I claimed newstyle esa but after the assessment I was deemed fit for work, then could I claim uc without being sanctioned.

By the time the assessment has been completed it will probably be approaching 13 weeks since you resigned so the applicable sanction period will have elapsed anyway. But there’s no point in not claiming UC in case you are sanctioned, if you want to claim UC you might as well claim but be aware there is a possibility of a sanction.

If you go off work sick and receive SSP you cannot claim ESA. You can reactivate your Tax Credits or claim UC. Hard to say which is likely to give you more money because UC is worked out monthly whereas Tax Credits are worked out annually (and based on previous year’s income unless income has changed by more than £2,500). For Tax Credits this means that all of your income so far this year is taken into account whereas UC will only look at your current income.

If you resign you can claim ESA and reactivate your Tax Credits or claim UC.

Cam05

Can you reactivate a child tax credit then or will they say claim uc, we haven't had an tax credit payment in 6 years, but get a final review each year,
Thsnk you all for advice

calcotti

Cam05 wrote: »

Can you reactivate a child tax credit then or will they say claim uc, we haven't had an tax credit payment in 6 years, but get a final review each year,
Thsnk you all for advice

I believe you can because the claim has not been closed. Ring them and ask.

Cam05

My wife earns £24000 per year at 37.5 hours a week

Spoonie_Turtle

Cam05 wrote: »

Spoonie turtle, was you sanction when you applied for uc

No, because I was off sick for 10 months, with no hope of recovering enough to return so was eventually dismissed on the grounds of ill health.

Cam05

If I applied for new style esa and failed the assessment, and had to appeal are you paid while appealling

calcotti

Cam05 wrote: »

If I applied for new style esa and failed the assessment, and had to appeal are you paid while appealling

You first have to request a Mandatory Reconsideration. You are not paid during the Mandatory Reconsideration. If the MR fails (most do) you can then appeal to the tribunal service. Provided you have continued to provide Fit Notes you can then be paid arrears for the period of the MR and will be paid whilst waiting for the appeal (but only at the assessment rate of £73.10/week).

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/esa-money-and-benefits-during-reconsideration/

poppy12345

calcotti wrote: »

You first have to request a Mandatory Reconsideration. You are not paid during the Mandatory Reconsideration. If the MR fails (most do) you can then appeal to the tribunal service. Provided you have continued to provide Fit Notes you can then be paid arrears for the period of the MR and will be fair whilst waiting for the appeal ( but only at the assessment rate of £73.10/week).

To add to that, it's also only paid for 365 days unless placed into the Support Group. As Tribunal waiting times are so long across most of the country, it's very likely payments will stop at some point before the hearing.

Cam05

So you are paid while you appeal but not while waiting for mandatory reconsideration

calcotti

Cam05 wrote: »

So you are paid while you appeal but not while waiting for mandatory reconsideration

That’s what I said.