Can I make a claim for ESA? (Contribution based)

HappyZen

I originally posted on the disability forum but was advised to try here.
Hello and wishing everyone well under the current circumstances.
 I am currently receiving CA as I care for someone in my household,  but I am thinking of stopping this and making a claim for contribution based ESA for myself. My husband works so will not be entitled to income based. I have Rheumatoid Arthritis and I also battle with my mental health.  However I have not been in paid employment since being signed off about ten years ago. I was unsuccessful in my ESA claim then, but I feel my condition has deteriorated since then and I did not have my mental health issues then either. I have been receiving class 1 contributions via carers allowance. However Gov uk says:

‘New style’ ESA

Most new claims are for ‘new style’ ESA.

To get ‘new style’ ESA you need to have both:

• worked as an employee or been self-employed
• paid enough National Insurance contributions, usually in the last 2 to 3 years - National Insurance Credits also count

I have some questions if anyone has any advice:
1) Does anyone know how long ago do I need to have worked?
2)Can I clam ESA and PIP (I am thinking of making a PIP claim also)
3)If I am turned down can I go back to claiming Carers allowance?
4)I am in the shielding category, how will my assessment be carried out? I don't want a 12 week claim only, I am hoping to be assessed as needing the support group.
Thank you for reading.

Spoonie_Turtle

2) Yes you most definitely can make a claim for both at the same time
4) At the moment face-to-face assessments are suspended, for how much longer we don't yet know. They are making decisions based either on paperwork or via telephone assessments.

I don't know enough to advise re: 1 and 3, sorry. Others here do, though

[Deleted User]

 You need to have paid contributions in the last 2 years. 

 Dont think contributions from CA alone is enough   

calcotti

Your partner cannot claim income based ESA anyway because it has been replaced by Universal Credit.

if you claim ESA and are awarded it your Carer’s Allowance will stop because they are what are known as ‘overlapping benefits’. However ESA does pay slightly more than CA so may be worth doing. When you claim ESA you need to have a complete NI record for tax years 2017-18 and 2018-19. If you have have received CA throughout that period you will have credits for both years. There is a second conditions which normally requires you to have actually earned 26 weeks of NI contributions in one of these years also, the NI credits are not sufficient on their own. However there is a relaxation for those claiming, or who have recently been claiming, Carer’s Allowance which means that the second condition can be met if you have earned 26 weeks of contributions in any tax year of your life. (Unfortunately DWP do not always apply this rule and need to be reminded if it.)

At the moment all ESA assessments have been largely suspended and there is a backlog so you are likely to have to wait.

You would retain an ‘underlying entitlement’ to Carer’s Allowance which means that, provided you still meet the qualifying conditions, payments could resume if you receive ESA claim is refused.

PIP is completely separate and can be claimed also. The income from PIP will not affect other benefit entitlement. Whereas ESA assessments appear to have been largely suspended PIP assessment have been continuing based on paper and/or telephone assessments.

Do you currently claim any other benefits besides Carer’s Allowance?

HappyZen

Thank you for your replies.
The other benefits we receive are child tax credits (not wtc) and child benefit.
I was planning to cancel my carers allowance, then claim for ESA immediately, I was hoping the assessment rate would start soon after applying and would continue until they had made a decision, I was then going to apply for PIP at a later date. 
I wouldn't feel comfortable claiming Carers alongside ESA and/or PIP for myself. Although much of the care I give is supervisory, prompting and encouraging and will need to continue this. I was planning to claim CA again if my ESA was unsuccessful.
Does the relaxation still apply to new style ESA?
As I not currently in paid employment do I still need a "fit note" from the doctor?

poppy12345

The same rules apply for New style ESA as the old Contributions based ESA. The only difference is there's no income related top up available with New style ESA.

The assessment period is 13 weeks. Some wait longer and others not as long. New style ESA is paid for 365 days unless you're placed into the Support Group and then it's paid for as long as you remain in that group.

Yes you will still need a fit note from your GP.

HappyZen

And sorry my first post was badly worded. I meant my husband works full time so I would not be eligible for Income based ESA, only Contribution based, if at all. 

poppy12345

Income based ESA no longer exists unless you're claiming a severe disability premium in another benefit, which you're not. Universal Credit has replaced it.

poppy12345

It will be worth using a couple of benefit calculators to check entitlement to UC. Some people are better off claiming this than they are claiming tax credits. Do be aware though that a claim for UC will end your tax credits and you wont ever be able to go back onto tax credits. https://www.entitledto.co.uk/

calcotti

HappyZen said:

Thank you for your replies.
The other benefits we receive are child tax credits (not wtc) and child benefit.
I was planning to cancel my carers allowance, then claim for ESA immediately, I was hoping the assessment rate would start soon after applying and would continue until they had made a decision, I was then going to apply for PIP at a later date. 
I wouldn't feel comfortable claiming Carers alongside ESA and/or PIP for myself. Although much of the care I give is supervisory, prompting and encouraging and will need to continue this. I was planning to claim CA again if my ESA was unsuccessful.
Does the relaxation still apply to new style ESA?
As I not currently in paid employment do I still need a "fit note" from the doctor?

My advice would be not to cancel the Carer’s Allowance (unless you are no longer able to provide 35 hours of care and therefore no longer meet the qualifying conditions). If you are awarded ESA you should then contact CA and advise them you have been awarded ESA. You are correct that if you’re claim is accepted you will receive the ESA assessment rate until a decision on the Work Capability Assessment is made. If the decision is to put you in the Support Group you will get any arrears due I feel the assessment has taken longer than 14 weeks.

If you cancel CA and your ESA claim is later refused you will have to start CA all over again.

You are perfectly entitled to claim CA alongside ESA, as previously advised you will only actually be paid the ESA.

The relaxation on NI rules applies to new style ESA just as it didn’t to contribution based esA previously.

As with CA, ESA is taxable income which needs to be included in your reported income for Tax Credits.

There is no need to delay applying for PIP, if you think you are eligible it makes sense to start a claim.

You will need a Fit Note to claim ESA.