Contribution based ESA

nicdigby · 10 January 2019 at 9:03PM

I would like to find out if I am entitled to contribution based ESA.

I have not worked in the past four years but have been claiming enhanced rates of PIP + Carer's allowance + child benefit for that time and the NI website says I have 52 weeks of history for the past few years BUT I CAN'T WORK OUT IF THAT IS ENOOUGH TO QUALIFY ME FOR CONTRIBUTORY ESA.

I have a terminal illness and cannot work. I also have a disabled child so claim child tax credits with those rates.

BUT I live in a Universal Credit full area. I am currently on the old system of child tax credits and because I have some savings left, when I move to UC I will lose £820 per month. Which I still can't believe, but that's what all the calculators tell me. So I don't want to do anything that counts as a change in circumstances and moves me across to UC.

Does anyone know if:

1. I have earned enough NI contributions to be eligible for contributory ESA JUST from the fact that I have received full child benefit, carer's allowance and PIP for the past few years?

2. If I submit a claim for contribution based ESA and successfully receive it, will they just move me across onto Universal Credit and therefore I will be worse off after receiving ESA than staying on child tax credits etc with no ESA?

3. If I submit a claim for ESA and am unsuccessful, will this trigger a change to UC for me?

4. Who can I ask for help about all this?

calcotti · 10 January 2019 at 9:27PM

Please note that if you successfully claim ESA as discussed below your Carer’s Allowance will end as you cannot be paid both. They are known as overlapping benefits. However the ESA is worth more than the Carer’s Allowance.

nicdigby wrote: »

Does anyone know if:

1. I have earned enough NI contributions to be eligible for contributory ESA JUST from the fact that I have received full child benefit, carer's allowance and PIP for the past few years?

You need to have actually paid some NI contributions to qualify, not just been credited with them. Normallytherefore you would not qualify. However there is a special exception for people in receipt of Carers Allowance which means that instead of just looking at the usual two years DWPcan look at you complete work history. therefore if you have ar some time earned over the NI threshold for 6 months in the same tax year you should qualify.

2. If I submit a claim for contribution based ESA and successfully receive it, will they just move me across onto Universal Credit and therefore I will be worse off after receiving ESA than staying on child tax credits etc with no ESA?

No they will not. You need to be firm with the DWP that you only wish to apply for new style ESA. If they tell you you must claim UC do not believe them. New style ESA and UC are separate. You cannot be moved to UC without claiming it.

3. If I submit a claim for ESA and am unsuccessful, will this trigger a change to UC for me?
See comments above.

4. Who can I ask for help about all this?
If you need help go to you local Citizens Advice or other agency.

You cannot claim what used to be called contribution based ESA. It will be new style ESA (which is a new name for essentially the same thing).
https://www.gov.uk/guidance/new-style-employment-and-support-allowance
You can ask for the claim to be backdated for 3 months - you do not have to give a reason.

If you have previously submitted a DS1500 to support your PIP claim you can tell the DWP this when claiming the ESA and ask for the claim to be processed under Special Rules.

All of the above assumes that you do not have more than 2 children. If you do have more than 2 children please let us know and I will revise my advice because your situation will then be different.

nicdigby · 10 January 2019 at 9:27PM

Just to say that I have checked and it does say that if I was a carer for the full tax year in the year before I became unable to work - which I was - that my situation is complex but that I may be entitled to contributory ESA.

Can anyone help me please?

nicdigby · 10 January 2019 at 9:33PM

Thank you Calcotti for posting.
I have two children. One is disabled in receipt of enhanced rates of DLA.
I am terminally ill and became unable to work in Jan 2016. I claimed PIP at enhanced rates from then on but when I looked into getting ESA at the time it said I had to have been in work for the previous two years - and I wasn't because I was caring full time for my child for the previous three years.

1. Does this mean that I should indeed be eligible for ESA?
2. Does this mean I have missed out on the last three years?
3. Any chance of backdating it (I guess not, it's my own fault but I was dealing with a terminal cancer diagnosis, chemo, etc at the time).
4. You are saying that should ring the ESA helpline and claim for the new style ESA and that even though I live in a full UC area, that my claim for ESA won't trigger a change in circumstances that means they will move me from old benefits to UC?
5. Do you know how much a week I could get? I am very confused.

calcotti · 10 January 2019 at 9:46PM

nicdigby wrote: »

1. Does this mean that I should indeed be eligible for ESA? in my opinion, yes
2. Does this mean I have missed out on the last three years? Unfortunately, yes
3. Any chance of backdating it (I guess not, it's my own fault but I was dealing with a terminal cancer diagnosis, chemo, etc at the time). unfortunately 3 months is the maximum permitted backdating
4. You are saying that should ring the new styleESA helpline and claim for the new style ESA and that even though I live in a full UC area, that my claim for ESA won't trigger a change in circumstances that means they will move me from old benefits to UC? correct, but do not get misdirected by DWP staff into making a UC claim
5. Do you know how much a week I could get? I am very confused.The basic amount is £73.10/week but your Carer’s Allowance would stop so you would only be better off by £8.50/week at this rate. If you are put in the Support a Group you get £110.75/week after 13 weeks which obviously makes more difference. If you are claiming under Special Rules you get put in the Support a Group from the start.

...................

nicdigby · 10 January 2019 at 9:56PM

thanks again for posting.

Having read your reply I have googled the Support Group and it says I would qualify if I have one of many factors and I qualify for the first two:

1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid can reasonably be used.
Cannot either
(i) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion
or
(ii) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.

2. Transferring from one seated position to another.
Cannot move between one seated position and another seated position located next to one another without receiving physical assistance from another person.

And then the special rules you mention refer to me because:

"The main benefits for people living with a terminal illness that are covered by the special rules are:

Employment and Support Allowance (ESA), which is for people who are ill or disabled and unable to work or need help to work"

"Your claim for Employment and Support Allowance (ESA) can be fast-tracked. You’ll also be put in the ‘support group’ of claimants. This means you will be paid a higher rate of ESA and will not have to meet work-related responsibilities to keep getting the benefit in full."

So it looks like I will qualify under the special rules but eve if I don't, are you saying that after an assessment I could go into the support group after 13 weeks?

calcotti · 10 January 2019 at 10:18PM

nicdigby wrote: »

So it looks like I will qualify under the special rules but eve if I don't, are you saying that after an assessment I could go into the support group after 13 weeks?

Special rules are quite specific. It depends on your prognosis. You will only qualify under Special Rules if your medical team consider it appropriate to issue a form called a DS1500.

Yes, if you are found to meet the qualifying conditions you will be put into the Support Group after 13 weeks.

nicdigby · 10 January 2019 at 10:24PM

I’ve got a ds1500.

Can you pls tell me why it is that if I receive ESA I will lose the carer’s Allowance? I

calcotti · 10 January 2019 at 10:40PM

nicdigby wrote: »

I’ve got a ds1500.

Can you pls tell me why it is that if I receive ESA I will lose the carer’s Allowance? I

In that case you should be able to claim under Special Rules. The DWP should be able to access the DS1500 you previously submitted. However if the DS1500 you previously used is more than six months old DWP may ask for a new one.

As per post 2 ESA and Carer’s Allowance are known as overlapping benefits. You cannot be paid two overlapping benefits at the same time simply because that’s what the rules say. The background is that they are both benefits to compensate you for having limitations on being able to work, in the one case because you care for someone, in the other because you are ill. They therefore serve the same purpose and you can’t be paid twice.

nicdigby · 10 January 2019 at 10:49PM

Thank you so much you’ve been really helpful

When I ring the ESA helpline and they try to tell me I need to claim
UC what do I tell them? “No I’m claiming standalone new style ESA and it doesn’t trigger a change to UC”? Or something else?

nicdigby · 10 January 2019 at 10:57PM

Also I just read that esa is reduced by pension payments. I received mine early on the grounds of serious ill health at 250 pcm. Do you know how much the ESA will
Reduce by and is it still worth claiming given I will also lose my carers allowance?

Contribution based ESA

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