Explanation on ESA/UC

LJ36

Hi,

I am just after some clarification on something I’m confused the more I think about. 

So in Feb I applied for New style ESA and received one small payment in March and that was all I received because I had exhausted the 365 days and was told I wouldn’t be getting anymore payments. 

Due to the above I then applied for UC to see if i was entitled to anything with them but because my partner works and earns a wage it puts my entitlement to £0 a month.

I sent back the work capability to ESA and had my assessment. They have placed me in the support group and I will be receiving a back payment off them. 

When I asked will I get ESA going forward every 2 weeks the advisor said it will be UC that pay me my benefit.  Is that right? And will I be entitled to payment even though my partner works? 

I also receive PIP standard allowance on daily living. 

Any questions just let me know and look forward to some further info. 

poppy123456

The person you spoke to from ESA were not correct. They are also not a benefits advisor, they are someone from a call centre and i wouldn't advise ringing them for any benefits afvice.

Your ESA payments will start again and be increased from the 14th week of your claim. I'm confused why you only claimed in Feb, received a small payment in March and then they stopped because of the 365 day rule. Did you claim previously to Feb?

The ESA will be deducted in full from any UC entitlement.

Whether there's now any entitlement to UC will depend on your joint circumstances. You'll be entitled to an extra £390.06/month because of the LCWRA element. You'll also have the work allowance (applies to your partner as well) it means a certain amount of earnings received each month will be ignored before the 55% deductions apply. If you claim for help with any rent it will be £3789/month. If you don't it will be £631/month.

As your PIP includes the daily living part, if your partner looks after you for at least 35 hours/week then they can claim carers element of UC for looking after you. This is assuming no one else claims this or carers allowance for looking after you.

LJ36

Thank you for your reply.

Basically over the last 12 months I have been on and off ESA and collectively that’s exhausted the 365 days. They really don’t make it easy to understand it’s so confusing. 

Yes due to my partners work I’m not entitled to anything and we don’t get any housing element either. 

So I would get £390 from UC a month and that won’t change because of partners earning is that right? 

And will I then get a payment every two weeks from ESA too? 

Sorry it’s just so so confusing 

poppy123456

LJ36 said:

So I would get £390 from UC a month and that won’t change because of partners earning is that right? 

No, that's not correct. Entitlement will still be based on your joint circumstances. If there's just the 2 of you, with no dependants then you'll be entitled to the standard couples allowance, LCWRA element and carers element.

As you don't claim for help with any rent then £631/month of your partner earnings will be ignored before the deductions apply. Your ESA will be deducted in full from any UC entitlement. Whether there's any entitlement after that will depend on your partners earnings. You can use a benefits calculator to check entitlement.

As you've claimed ESA off and on for the past 12 months then i have no idea how they will work out what is owed for that claim. Did you return to work, which was why you were claiming off and on?

LJ36

Yes I was in and out of work but things just got too much so that’s the reason for the on and off claim for ESA. 

So due to my partner working I get £0 every month for UC.  ESA have now sent confirmation to UC to confirm I have been placed in the support group. Going forward who will pay me my ESA then ? 

Will it be the same as before every 2 weeks or every month if UC pay it? What do you mean the ESA is deducted from the UC? 

Will I still be paid esa regardless of partner’s earnings 

All of these benefits are so confusing.  Also backpay owed from ESA I won’t have to pay that back to UC will I? 

All help is very much appreciated 

poppy123456

You will be entitled to ESA, paid by ESA. It’s paid fortnightly at £129.50/week from the 14th week of your claim. You will be owed some money for this. Your partners earnings will not affect this.

If there’s any entitlement to UC then you will also receive that. However, the ESA will be deducted in full from any UC entitlement. You will be entitled to the LCWRA as well, as I advised above. Use a benefits calculator to check to see if there’s any entitlement.

If there’s any entitlement to UC then they may owe you some money for this. However, there may also be an overpayment because of the ESA being deducted in full from any UC entitlement. 

LJ36

How do overpayments work do you have to give them the money all back in one go? I’m worried now incase I end up owing money 

poppy123456

There will only be an overpayment if there’s any entitlement to UC. This is only because the ESA is deducted in full from UC. 

An overpayment can either paid back in a lump sum or they will reduce your future UC payments to pay it back. 

Have you used a benefits calculator yet to see if there’s any entitlement to UC. You will need to make sure you put both your details into it and also make sure you include that you’ve been found to have LCWRA. As well as making sure that you include your partner caring for you (assuming they do for at least 35 hours per week) 
https://www.entitledto.co.uk/benefits-calculator

LJ36

Thank you for all your help I will take a look 😊