Esa entitlement but credits only

Claire1985smiley

My partner is on credits only contribution based esa support group since April 2019. He had been on esa continuously as contribution based since 2004 and then left esa to work in a disability workplace. It didn't work out and he became very ill and ended his employment in April 2019 and I reclaimed esa for him (I'm his appointee)

There was no linking period as it was over the 3 months so when I claimed they used tax years which didn't include any period he worked so he couldnt satisfy the 1st contribution. 

I have kept ringing and writing to esa and decided last week to start ringing again I know rules are rules but he had made the effort to go to work and feels like he is being punished for this as if they use tax year 2018/2019 he is able to satisfy the 1st contribution.

So after 2 days of ringing and waiting someone from what they call the maintenance department phoned me and told me to make a fresh claim for esa as rawdon actually would have become entitled to payment on 5th January 2020! He was extremely nice on the phone and made every effort to explain things to me, we have lost out on that money from 5th January as apparently the onus is on me to make a fresh claim. Anybody help? My wage is just over the threshold for UC. So we only have my wage and his enhanced care pip

calcotti

When you claimed in 2019 they would have looked at tax years 2016-2017 and 2017-18.

If you claim now they will look at tax years 2017-18 and 2018-19. Will he satisfy these years?
i) have earned over the lower earnings limitfor at least 26 weeks in one year father years
ii) have 50 weeks of contributions or credits in both years.

You can backdate a new claim by three months if you have a Fit Note to cover the period. You cannot backdate any further than that. You have therefore potentially lost 8 months of no-ESA.

Essential that you get the claim in now because if you leave it to January they will be looking at 2018-19 and 2019-20 and he presumably doesn’t have credits for 19-20.

DWP is not expected to advise people when to claim as DWP staff are not benefits advisers. However as you have written to them you could possibly make a complaint and seek compensation because they did not respond to your letters (assuming that is the case). https://www.gov.uk/government/organisations/department-for-work-pensions/about/complaints-procedure#how-to-complain-about-service-from-the-department-for-work-and-pensions-dwp

Claire1985smiley said: My wage is just over the threshold for UC. So we only have my wage and his enhanced care pip

Have you taken into account that if you claimed UC you would be entitled to the carer element and if he is found to have Limited Capability for Work and Work Related Activity he would get the LCWRA element? https://www.gov.uk/benefits-calculators

Claire1985smiley

Yeah I he worked more than 26 weeks between August 2018 and march 2019 and from then he went straight onto credits only esa which he is still getting. I made the new claim over the phone last week but I don't understand how anyone would know they have to make a fresh claim. Esa told me on the phone last year that hopefully march came around a different tax year might be used so when I phoned this may to ask if he was entitled yet they just told me no again

calcotti

Claire1985smiley said: Esa told me on the phone last year that hopefully march came around a different tax year might be used so when I phoned this may to ask if he was entitled yet they just told me no again

All the more reason to make a complaint then (although it does highlight why they are not expected to give advice - they aren’t trained for it and the frontline staff often don’t know the rules).

The years considered advance each year on the first Sunday in January so you could have claimed on 4th January 2020. As you say, there is no reason you would have known that, nor would you readily find that information on the internet although it is explained here  https://www.entitledto.co.uk/help/employment-and-support-allowance-contribution-based

Spoonie_Turtle

calcotti said:

Claire1985smiley said: My wage is just over the threshold for UC. So we only have my wage and his enhanced care pip

Have you taken into account that if you claimed UC you would be entitled to the carer element and if he is found to have Limited Capability for Work and Work Related Activity he would get the LCWRA element? https://www.gov.uk/benefits-calculators

Excellent points, also if he was found to have LCW or LCWRA you would have the work allowance (an amount disregarded before they make deductions).

Claire1985smiley

All the more reason to make a complaint then (although it does highlight why they are not expected to give advice - they aren’t trained for it and the frontline staff often don’t know the rules).

The years considered advance each year on the first Sunday in January so you could have claimed on 4th January 2020. As you say, there is no reason you would have known that, nor would you readily find that information on the internet although it is explained here  https://www.entitledto.co.uk/help/employment-and-support-allowance-contribution-based

I have seen this document when I started researching it this year and understood it but didn't realise within this document that I should have made a fresh claim, they said it was an usual case someone to be entitled like this but the onus was still on me to know to make a fresh claim

Claire1985smiley

Excellent points, also if he was found to have LCW or LCWRA you would have the work allowance (an amount disregarded before they make deductions).

This is all very confusing I have looked at the carers allowance and because I earn more than 128 a week I didn't think I'd get anything. we are due our 1st baby in Feb and we will be entitled to the £20 per week payment. 

poppy12345

Claire1985smiley said:

Excellent points, also if he was found to have LCW or LCWRA you would have the work allowance (an amount disregarded before they make deductions).

This is all very confusing I have looked at the carers allowance and because I earn more than 128 a week I didn't think I'd get anything. we are due our 1st baby in Feb and we will be entitled to the £20 per week payment. 

You don't need to claim carers allowance to be entitled to the carers element of UC. You partner just needs to be claiming a qualifying benefit such as PIP daily living or DLA mid/high rate care. There's no earnings limit to the carers element like there is with carers allowance.

Have you tried the benefit calculator with the details of when the baby is born as well? You maybe entitled to something.

calcotti

Claire1985smiley said:

Excellent points, also if he was found to have LCW or LCWRA you would have the work allowance (an amount disregarded before they make deductions).

This is all very confusing I have looked at the carers allowance and because I earn more than 128 a week I didn't think I'd get anything. we are due our 1st baby in Feb and we will be entitled to the £20 per week payment. 

You are correct that you cannot claim Carer’s Allowance if you earn more than £128? However if claiming UC you would be entitled to the carer element.

I do recommend the use a benefits calculator to check possible entitlement. For UC you would have the couple allowance, LCWRA element, carer element, housing element (if you rent) and the child element (once your baby is born). The ESA will be deducted in full and 63% of your earned income in excess of the work allowance will be deducted. The work allowance is £292 if a housing element is included, £512 if it is not, 

Claire1985smiley

Hi guys, can anyone also confirm if he should have been entitled to income based esa? I had read about special rules for being entitled to income based stuff like when the partner is treated as not being in remunerative work if caring for him and he receives pip?

Previously before I found all this out I was looking at something I found online it was relaxation rules for the 1st contribution for esa that I thought would apply to him it is called relaxation of the first contribution the rules could be relaxed if the claimant had paid insurance contributions for any year before the relevant benefit year but esa have told me this I would have needed to satisfy the entitlement to carers allowance which I wasn't due to working.

Also explain to me what the disability element is and who is entitled to claim it?
I really appreciate all your help with this it is very hard to find someone who knows this information 

Claire1985smiley

I tried the entitled to calculation but it didn't bring up the carers element entitlement should it have come up in the calculation if I was entitled to it? It brought up the 113.55 esa amount and £20 child benefit amount