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New style Employment Support Allowance and Tax Credits - eligibility and other queries

Bobble

Hi,

I’m totally confused and hoping you might be able to help.

Me and my partner have an ongoing tax credit claim. My partner is disabled and until recently I worked full time. We didn’t receive any tax credit payments as I earned above the threshold.

However, recently things changed. I became ill and was signed off as not fit for work. I was paid sick pay by work for a few weeks then my employer decided to terminate my contract due to ill health.

I am still not able to work. I submitted a claim for ‘new style’ employment support allowance and told tax credits about the change in circumstances the day after my contract was ended.

I’ve had a look online and have found we would not be eligible for UC due to us having savings.

Most of the information I’ve found seems to be about income based ESA and Universal Credit, rather than tax credits and new style ESA.

So, initial questions I hope you can help with are:

Can our claim for tax credits carry on if neither of us is working?
We don’t have any income at the moment so if the tax credit claim can continue, would we be entitled to any payments?
I’ve been told someone from tax credits will need to speak to me. Any idea what this will be about?
When I submitted the ESA form it said someone will phone me. What is this for?

All help is gratefully received,

Bobble

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poppy123456

Did your tax credits end because your earnings were above the threshold? If so then you won't be able to start a new claim because it no longer exists.

If it didn't end then because neither of you are working you won't be entitled to working tax credits. If you have dependant children at home then there maybe some entitlement to child tax credits.

I have no idea what Tax credits want to speak to you about sorry.

ESA will phone because it's a new claim, you will need to agree to your claimant commiments too. You will also need a fit note and will need to continue to send them until a decision is made on your work capability assessment. Do also be aware that New style ESA is taxable income.

Are you claiming PIP?

Bobble

Hi Poppy,

Thanks for your reply.

No children so no child tax credit.

My partner gets PIP, but I don't.

Tax credits have confirmed that our claim still exists as a preserved claim. We just didn't get any payments because my earnings were over the threshold until this happened.

Some of the information I found online seemed to suggest that tax credits may continue if you are not able to work due to illness, but it was really vague and confusing and it didn't explain how you qualify for it. It would be helpful if this could be clarified?

"ESA will phone because it's a new claim, you will need to agree to your claimant commiments too." What's this and what do they phone for?

Thanks again,

Bobble

poppy123456

Working tax credits can continue for up to 28 weeks. After this if you don’t return to work they will end. https://www.entitledto.co.uk/help/wtc-stopped-working

As I advised ESA are ringing you because it’s a new claim and it’s part of the claims process. More information here https://www.gov.uk/guidance/new-style-employment-and-support-allowance-detailed-guide#the-new-style-esa-process-what-to-expect
You may also want to look at claiming PIP for yourself.

Bobble

Hi Poppy,

Thanks for the link to the ESA guide, I'll take a look.

As for tax credits, I've taken a look at the page on Entitledto, but that still doesn't help.

It covers what happens if you are taking leave from work, but not what happens if your employer has ended your contract because you are have been on sick leave.

Any clarification about this would be really helpful.

Bobble

poppy123456

I'm afraid i do not know the answer to that. Tax credits are not my strong point.