CB ESA and State Pension

ASB1960

I have been receiving contribution based ESA in the support group since 2016.

I expect this to stop in the near future when I reach state pension age (irrespective of whether I actually claim it).

However gov.uk states:-

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How long you’ll get ESA for

You cannot make a new claim for income-related ESA. You’ll continue to get payments while you’re eligible until your claim ends.

New Style and contribution-based ESA last for 365 days if you’re in the work-related activity group.

There’s no time limit if you’re in the support group, or if you’re getting income-related ESA.

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I imagine this is just poor drafting, or poor reading on my part, but it seems confusing.

Edit: I tried to make my point, clearer. My point was that how is somebody who doesn't know it stops at SPA supposed to know from the above.

sammyjammy

Its pretty clear, you are in the support group so as long as you remain in the support group your ESA will continue until you reach SPA.

TELLIT01

sammyjammy said:

Its pretty clear, you are in the support group so as long as you remain in the support group your ESA will continue until you reach SPA.

There is no mention of State Pension age in the limited sections the OP has posted.

ASB1960

But where does it mention state pension age? That was my point.

https://www.gov.uk/employment-support-allowance/eligibility

This says you must be under SPA to apply. That's not the same thing. After all a PIP continues, it's not reasonable to say "well it's obvious".

Nowhere at all in the guidance does it mention it stops.

I expect it is probably in the relevant legislation, but I am not sure yet which that is.

kaMelo

ESA and state pension are overlapping benefits,( they are both income replacement benefits) so you cannot claim both. PIP is a disability benefit and can be claimed irrespective of income.

You are correct that ESA will cease upon reaching SPA, whether you actually claim your state pension at SPA is not relevant.

KxMx

ESA is a working age benefit. 
When you qualify for a state pension, you are no longer working age. 

poppy12345

ASB1960 said:

Edit: I tried to make my point, clearer. My point was that how is somebody who doesn't know it stops at SPA supposed to know from the above.

They will receive a letter telling them their ESA is ending.