Moving from JSA to another benefit after illness? - Advice please

You can have short periods of illness while on JSA but it is a basic requirement of JSA that the claimant is available for and seeking work.

[STRIKE]The benefit for people too ill to work is new style ESA but he needs to have appropriate NI contributions for 2016-2017 and 2017-2018 to qualify. If he was not in work during that period he will not qualify. If he worked for at least 6 months in one of these years and has contributions or credits for the remaining period he may qualify. If he does qualify for ESA it is not means tested and he can claim as an individual. https://www.gov.uk/guidance/new-style-employment-and-support-allowance. Claiming new style ESA will not affect your HB or CTC.[/STRIKE]

[STRIKE]Otherwise he would have to claim Universal Credit. https://www.citizensadvice.org.uk/benefits/universal-credit/. However if he does this you would both have to claim and your HB and CTC would end and be replaced by the UC. The amount you get under UC will be different. I would therefore strongly recommend you go to your local Citizens Advice (or other agency) if you have one and ask them to carry out a benefits check to see what works best for you.[/STRIKE]

[STRIKE]As you are getting Housing Benefit are you also getting Council Tax Reduction - if so this will continue.[/STRIKE]

Struck through - incorrect advice, see further posts below.

He would have to claim ESA and not universal credit because they have three children

Nannytone and icequeen are right, the 3 children exception applies so would not be able to claim UC, will be ESA (old style) which makes life much easier, HB and CTC unaffected. Apologies for confusing things - I obviously shouldn’t have been posting in the early hours!

I recommend making an ESA claim as soon as possible because the 3 child restriction is due to be lifted at the end of a January as noted by icequeen (although with the current delay to the UC regulations I am not clear if this timetable still applies).

Contribution-based and income-related ESA
Call the contact centre to apply for contribution-based and income-related ESA.
Telephone: 0800 055 6688
Monday to Friday, 8am to 6pm

He should not be claiming 'new style' ESA.

As per posts #4, #5 and #6 by nannytone, icequeen and myself because you have more than 2 children he is not eligible. He must claim the old version of ESA using the contact details in my last post (6). If JobCentre advise you differently they are wrong.

https://www.gov.uk/guidance/new-style-employment-and-support-allowance#if-you-have-more-than-2-children

"If you have more than 2 children
If you have 3 or more children and are not already claiming Universal Credit, or returning to Universal Credit within 6 months of a previous claim that ended due to high earnings, you will not be able to get new style ESA.

You may be able to claim contribution-based or income-based Employment and Support Allowance or an alternative benefit instead, such as Income Support, along with Housing Benefit and Child Tax Credits."

Once again I apologise for overlooking that you had 3 children when I posted at post #2.

The claim for this older type of ESA is for a benefit which is both contribution based and income based. He will claim as an individual but you will be added to his claim as you are a couple. If he has the appropriate NI contributions he will get a contribution based award but may also get an income based top up based on your other household income. Child Benefit and Child tax Credits are ignored as income. If you have no other household income he will get a contribution based award of £73.10 (if he qualifies) plus £41.75 income based bringing the total to £114.85 which is the couple rate (as for JSA). Once he has been assessed, if he is found to have Limited Capability for Work and work Related Activity he will be placed in the Support group and the amount will go up from the 14th week.

Under current rules you are not eligible for Universal Credit or new style ESA if you have 3 children. The rule is due to change at the end of the month - but slightly unclear at the moment because legislation was due to go before MPs this month but has been delayed because they're talking about something else (Brexit sucking everything in).

My previous post included the information about new style ESA as posted on the government website which confirms this.

Similarly https://www.gov.uk/universal-credit/eligibility
"If you have children
You can make a new Universal Credit claim if you either:

• have 2 children or fewer
• received Universal Credit in the previous 6 months and your payments ended

You cannot claim if you’ve 3 or more children and you’ve not claimed Universal Credit in the last 6 months."

You should claim the old ESA as per my previous post. The claim is made by phone, not at the JobCentre.