Remaining politically neutral during General Election 2024


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New style ESA

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bluedragonfly
bluedragonfly Community member Posts: 3 Listener
My husband is currently claiming this, while working reduced hours and duties. . This ends in March 23. April 23 his employers are likely to 'let him go' as he he is unable to do the work needed. He gets his state pension in December 23. Will he be able to claim ESA new style again , after a month without it? 

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  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
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    Did he have a Work Capability Assessment and if so what was the outcome?
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • bluedragonfly
    bluedragonfly Community member Posts: 3 Listener
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    Yes, not enough points but he had doctors certs for reduced duties and hours.
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited February 2023
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    Yes, not enough points but he had doctors certs for reduced duties and hours.
    He must have been at least put in Work Related Activity group (based on 15 points) otherwise the ESA would have stopped. Do you think he should have been in the Support Group. If so he can challenge the decision. Support Group depends on meeting on at least one of the descriptors
    https://benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/support-group-descriptors

    How much ESA is he getting?

    As a couple do you have any other income and savings? Do you rent or own your home?

    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • bluedragonfly
    bluedragonfly Community member Posts: 3 Listener
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    He was awarded contributory esa for 12 months . He had no points. Yes, I work, and we own our home. Really just asking how much of a gap there needs to be between claims, based on the info in the first post. Thank you
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited February 2023
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    He was awarded contributory esa for 12 months . He had no points.
    The reason I asked further questions was to see if the ESA seemed correct because that impacts the advice,

    If you think he should have been put in the Support Group but he isn’t then he can challenge the decision. If successful, the ESA would be ongoing (until he reaches pension age).
    . Really just asking how much of a gap there needs to be between claims, based on the info in the first post. 
    If he has a complete NI record for tax years for 2020-21 and 2021-22 which must include at least 26 weeks in one of those years he could claim again but I think he will need to leave a minimum of 12 weeks between the one claiming end making a new one.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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