ESA and working partner

beelady44

Hi all,  I have recently joined this wonderful forum after reading all the helpful advice given by people with so much more knowledge that I have. My query is a little complicated but I will try to explain as simply as possible.  I have worked since leaving school in 1986. In 2002 I underwent an operation in hospital which left me unable to work. I applied for Incapacity benefit as it was then and got on with things as best as I could. My partner gave up his job to look after me and also his disabled brother who lives with us. My incapacity benefit changed to ESA (I cannot remember which year) and I was placed on "Income related" ESA. I never really took much notice of the type of ESA I was receiving but assume now that the National Insurance contributions were calculated when I was on incapacity benefit as I had worked for over 15 years solid before then. I can't quite understand why my brother-in-law was changed to ESA from disability benefit and placed on contribution based ESA. Anyway, 20 odd years later we are all in a bit of a pickle. My partner to save his own sanity and to try to earn us all some money to stop us from going under wishes to return to work. Obviously he will forego his carers allowance which he claims for his brother but am I right in thinking from what I have read that I will lose all my ESA if he works over 24 hours? If so, this means that the rules appear to be that my partner either stays on carers allowance and we all go to the wall, or he has to earn two wages to cover what I will be losing. I have looked into New Style ESA and Universal Credit but have to admit that neither seem any better. Is it really correct that if he works full time, I will get nothing even though I cannot work through no fault of my own? Any advice given will be very gratefully received. I have tried to find the information myself but feel I am tying myself in knots. Thank you in advance for your time.

poppy123456

It will really depend on what you ESA claim is made up of. If part of it is contributions based then that will continue, which is £129.50/week if in the support group. 

Any Income Related ESA will stop because there’s only a £20/week disregard even if your partner works less than 24 hours per week.

The best thing to do is ring ESA to ask them what exactly your claim is made up of and they will tell you. You still need to report the changes if they start working.

You should also use a benefits calculator to check entitlement to Universal Credit. 

If any part of your ESA is contributions based then that will continue but be deducted in full from any UC entitlement. If you’re in the Support Group then you’ll be entitled to the LCWRA element from the start of your claim. 

Your part can also claim carers element of UC too because there’s no earnings limit with this like there is with UC.

When you use the benefits calculator make sure you include your partners details, as well as making sure you tick the box where it asks about Limited Capability for Work Related Activity, as that is Support Group equivalent. https://www.entitledto.co.uk/benefits-calculator
UC is more generous in cases like this than ESA. 

beelady44

Thank you so much Poppy. I will get my head around that and try the calculator. Your time is very much appreciated.

poppy123456

You’re welcome. If you have any further questions please do come back to ask because benefits are a minefield! UC is the most complicated benefits of them all. 

WhatThe

UC is the most complicated benefits of them all. 

I agree it's not what we were sold!
It was going to simplify a benefits system over-complicated by multiple payments, components and criteria. Ahead of UC, ESA had been introduced to improve the test for incapacity benefits entitlement but that reassessment programme failed. One decision about incapacity entitlement became two under ESA and now requires six decisions to be made under UC. 

The new scheme is being touted as a 'Health Transformation Programme' when ill health - mental or physical - isn't something which can be transformed by reassessment, a loss of income or the threat of sanction by a job centre.  

Why did we stop protesting when UC was paused then allowed to continue? It's unreliable and unsafe.

beelady44

Thank you everyone for your advice. I have found the most recent correspondence available from Jobcentreplus but am still a little confused. It states at the top that "The payment of ESA is based on your National Insurance contributions" but then ends by stating "So your Income Related entitlement is ..." Does this mean that I have a mixture of the two? I have added an image of the statement, all personal info has been omitted. Thanks again everyone.
Just a thought, but it seems that the work related activity group is for an individual that may be able to work in the future. I have now been unable to work for 22 years and medical evidence shows that any improvement in my condition was at it's peak 20 years ago. Am I able to change the status of my ESA claim?

beelady44

Hi again, Just a thought, but it seems that the work related activity group is for an individual that may be able to work in the future. I have now been unable to work for 22 years and medical evidence shows that any improvement in my condition was at it's peak 20 years ago. Am I able to change the status of my ESA claim?

poppy123456

Your ESA is 100% all Income Related because you’re in the work related activity group. (WRAG) payments for contributions based in this group would stop after 1 year. 

This means that if your partner starts working more than 24 hours per week then your ESA would end. If they work less than 24 hours per week then there’s a £20/week disregard. After that your ESA would be reduced £1 for £1.

If you think you qualify for Support Group then you will need to report a change of circumstances for your health condition. Before doing this you should look at the descriptors to see if any of them apply to you. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity#:~:text=LCWRA%20descriptors,reasonably%2C%20be%20worn%20or%20used.&text=(ii)%20repeatedly%20mobilise%2050%20metres,of%20significant%20discomfort%20or%20exhaustion.

Not being able to work for that long doesn’t automatically entitle you to Support Group.