Time between ESA ending and claiming UC

devon_guy

Hi,

Does anyone know what the maximum gap is between your ESA claim ending and claiming UC for it to be treated as a continuation claim rather than a new one?

KxMx

What are the circumstances of your ESA claim ending? 
I'm not aware of anything other than an active ESA status carrying over to UC once UC is claimed. 

calcotti

There must be no gap.

If ESA stopped before claiming UC then a new Work Capability Assessment will have to be carried out before any decision can be made on whether or not the claimant has Limited for Capability for Work or Limited for Capability for Work and Work Related Activity. Until the decision is made the UC claimant is made as a jobseeker. The LCWRA element if applicable will not be payable until the fourth month.

If UC is claimed while in receipt of ES the previous WCA decision for ESA will be carried over to UC.

What type of ESA are/were you receiving?

devon_guy

I was in the support group and my claim was closed on 02/03 owing to going over the permitted earnings rate.  I have only been informed of this verbally and nothing has been confirmed in writing.

calcotti

Was your ESA all income based or a mix of contribution based and income based ESA?

How much were you working and how much were you earning and when? What do your payslips show?

What are you working now?

Were you receiving any benefits other than ESA?

Unfortunately, if the ESA claim has been closed and you now need to claim UC, it will be a new claim for UC with a new WCA and no additional money for having LCWRA until the fourth month (if found have LCWRA). If you do work on UC with LCWRA there are no limits on the amount of work you can do.

It is clear whether the ESA claim is closed or whether payment has simply been suspended while they review the earnings. If the earnings limit was was a short period which has ended they may be able to do a closed period suppression and the ESA could continue.

devon_guy

The perverse thing is come next month when the minimum wage goes up I’ll be well under the threshold for permitted work under ESA, it’s very frustrating! I’m currently £20 a month over it.

devon_guy

Sorry ESA was both cont and income based

calcotti

devon_guy said:

The perverse thing is come next month when the minimum wage goes up I’ll be well under the threshold for permitted work under ESA, it’s very frustrating! I’m currently £20 a month over it.

You haven’t the question about whether you were only briefly over the earnings limit or whether it has gone over a while.

Nor have you said if you are still over the limit.

Nor have you answered about whether or not you get any other benefits.

From April the earnings threshold rises to £167 but if you are on NMW your income will also go up.

devon_guy

It has been since November but I hadn’t realised I thought I was still just under the limit. I also get pip and housing benefit.

I did tell them that if they had written to me in November to tell me I could have reduced my hrs at work with immediate effect to keep me under the earnings limit.

HillStreetBlues

Did you get notified of your ESA closure before 2/3?
If not you can get them to backdate a UC claim.

calcotti

If you went over in November and have been over ever since they will almost certainly have stopped the ESA and will treat everything you have been paid since then as an overpayment which they require you to pay back.

Looks likely that you need to claim UC. You will have to report your health condition and report a Fit Note and will then have to have a new WCA. If found to have LCWRA that will get extra money from the fourth month.

If you claim UC your HB will stop two weeks after you claim UC. The help with rent will be included in your UC.

UC does not include an SDP which you may have been getting in ESA.

devon_guy said:

It has been since November but I hadn’t realised I thought I was still just under the limit. I also get pip and housing benefit.

I did tell them that if they had written to me in November to tell me I could have reduced my hrs at work with immediate effect to keep me under the earnings limit.

ESA do not get RTI from HMRC so would not have known that you had breached PW rules in November. Unfortunately it is you’re responsible to keep them informed and you obviously hadn’t realised. Had you realised you were likely to breach the rules you could have either reduced your work in advance or claimed Uc whilst still in receipt of ESA.

Your PIP is not affected.