ESA Rapid Reclaim

atlantis187

If someone comes off new style ESA Contribution based support group and starts work but a few weeks later finds out they are struggling and want to stop can they go back onto new style ESA support group as before doing a rapid reclaim if its within 12 weeks?

huckster

As far as know, yes they can reclaim. The claim is stopped due to earnings above the threshold and if those earnings stop within the time allowed, the claim can be be restarted again.

Have you heard that the process has changed ?

lassfarfromhome

I think things may have changed.  I was on contribution-based ESA, went back to work for 1 week (just 6 hours in total), stupidly closed my ESA claim.  Had a flare-up in my chronic health condition, tried to do a rapid reclaim and was told I couldn't and would have to make an entirely new claim.  I may get this next bit wrong so don't take it as gospel but i think she said it's because I didn't get the severe disability premium and/or because ESA was the only benefit I was getting.  God knows how long the new application will take.  Am concerned that although I was put into the support group by the tribunal last time, now the DWP will just reject the claim and I'll have to go through the whole nightmare again!

calcotti

lassfarfromhome said:

I think things may have changed.  I was on contribution-based ESA, went back to work for 1 week (just 6 hours in total), stupidly closed my ESA claim.  Had a flare-up in my chronic health condition, tried to do a rapid reclaim and was told I couldn't and would have to make an entirely new claim.  I may get this next bit wrong so don't take it as gospel but i think she said it's because I didn't get the severe disability premium and/or because ESA was the only benefit I was getting.  God knows how long the new application will take.  Am concerned that although I was put into the support group by the tribunal last time, now the DWP will just reject the claim and I'll have to go through the whole nightmare again!

That does make have some logic (within the benefits universe). As I understand it you closed your ESA claim. What happens next depends on whether a rapid reclaim is treated as a new claim - I fear it is.

If you had been getting income based ESA with an SDP you would have been barred from claiming UC if you were claiming within one month and therefore entitled to claim ‘legacy’ benefits.

If, because the ESA claim was closed, a new claim is required this is not permitted for a legacy benefit since the introduction of UC (unless the SDP exception applies).

However for a new claim they are going to look at your NI contributions between April 2017 to April 2019 and unless you did 26 weeks of work in one of those two tax years your claim for new style ESA will fail. That leaves you in a very unfortunate position.

poppy12345

lassfarfromhome said:

I think things may have changed.  I was on contribution-based ESA, went back to work for 1 week (just 6 hours in total), stupidly closed my ESA claim.

Closing your ESA claim for the sake of 6 hours was needless because you could have done permitted work and earned up to £140 per week (under 16 hours per week), without it affecting any of your ESA amount. Too late for that now though unfortunately.

lassfarfromhome

Yes, you live and learn.  I hoped I was on the road to recovery and all would be well and I'd be back up to full time in a couple of months.  Sadly it was not to be.

lassfarfromhome

calcotti said:

However for a new claim they are going to look at your NI contributions between April 2017 to April 2019 and unless you did 26 weeks of work in one of those two tax years your claim for new style ESA will fail. That leaves you in a very unfortunate position.

My understanding is that you get NI credits with ESA, so you are treated as having paid it.  I'm also being paid through a group income protection policy, and am paying NI that way, so hopefully that won't be an issue.  Will report back

calcotti

lassfarfromhome said:

calcotti said:

However for a new claim they are going to look at your NI contributions between April 2017 to April 2019 and unless you did 26 weeks of work in one of those two tax years your claim for new style ESA will fail. That leaves you in a very unfortunate position.

My understanding is that you get NI credits with ESA, so you are treated as having paid it.  I'm also being paid through a group income protection policy, and am paying NI that way, so hopefully that won't be an issue.  Will report back

Yes you get Class 1 NI credits but these on their own do not satisfy the qualifying conditions for ESA. To make a new claim now you need to have complete years of contributions and/or credits for 2017-18 and 2018-19. In one of these years you must have paid or be treated as having paid at least 26 weeks of contributions. To achieve this you need to have been in work or treated as in work. Getting credits is not the same as being treated as having paid contributions.

However if you have been paying NI as a result of income from an income protection policy that will be fine.

As a matter of interest, was your ESA being reduced in part by the insurance income?

Unfortunately I think you will have to have a new Work Capability Assessment and will have to wait 3 months before you can be placed back in the Support Group even if that is what the WCA determines.

[EDIT. - I now think advice in this post is incorrect, see later post.]

poppy12345

lassfarfromhome said:

calcotti said:

However for a new claim they are going to look at your NI contributions between April 2017 to April 2019 and unless you did 26 weeks of work in one of those two tax years your claim for new style ESA will fail. That leaves you in a very unfortunate position.

My understanding is that you get NI credits with ESA, so you are treated as having paid it.  I'm also being paid through a group income protection policy, and am paying NI that way, so hopefully that won't be an issue.  Will report back

Unfortunately, your only option here is to claim Universal Credit, of course this will depend on your circumstances. Savings/capital of £16,000 will exclude you from claiming. Whether your Support Group award will be honoured, i don't know.

calcotti

poppy12345 said:

lassfarfromhome said:

calcotti said:

However for a new claim they are going to look at your NI contributions between April 2017 to April 2019 and unless you did 26 weeks of work in one of those two tax years your claim for new style ESA will fail. That leaves you in a very unfortunate position.

My understanding is that you get NI credits with ESA, so you are treated as having paid it.  I'm also being paid through a group income protection policy, and am paying NI that way, so hopefully that won't be an issue.  Will report back

Unfortunately, your only option here is to claim Universal Credit, of course this will depend on your circumstances. Savings/capital of £16,000 will exclude you from claiming. Whether your Support Group award will be honoured, i don't know.

I think that because OP has been paying NI as a result of group income protection (which is treated as earnings for tax and ni) they will be OK with their new style ESA claim (depending on the time periods involved).

poppy12345

calcotti said:

poppy12345 said:

lassfarfromhome said:

calcotti said:

However for a new claim they are going to look at your NI contributions between April 2017 to April 2019 and unless you did 26 weeks of work in one of those two tax years your claim for new style ESA will fail. That leaves you in a very unfortunate position.

My understanding is that you get NI credits with ESA, so you are treated as having paid it.  I'm also being paid through a group income protection policy, and am paying NI that way, so hopefully that won't be an issue.  Will report back

Unfortunately, your only option here is to claim Universal Credit, of course this will depend on your circumstances. Savings/capital of £16,000 will exclude you from claiming. Whether your Support Group award will be honoured, i don't know.

I think that because OP has been paying NI as a result of group income protection (which is treated as earnings for tax and ni) they will be OK with their new style ESA claim (depending on the time periods involved).

Thanks for that. Although, if the OP was claiming the income related top up with the Contributions based ESA then they will need to claim UC for this.