Esa. Applied 3 weeks ago, but got a p45 from them does this mean im not entitled to it?

sarablackmore

I made a new claim for esa nearly 3 weeks ago not heard anything but got a p45 from them does this mean im not entitled to it? Thanks

Albus_Scope

Hi @sarablackmore, I hope you're doing great today?

Can I just clarify that the P45 was from the DWP and was to do with your ESA claim? I've not heard of that happening before.  They'll always send a letter to state if you were successful or not in your claim and there's often a fair wait before you hear anything.

And just to let you know, I've moved your post to the ESA category, so more people in the know will be able to see it and help. I hope that's ok? 

WhatThe

Hi sara, did you receive ESA prior to making a new claim and was it income-related?

I received three P45's in one tax year from DWP when as far as I knew, I was not in receipt of a taxable benefit such as JSA nor had I ever claimed one. 

I'd love to understand this too! 

sarablackmore

Hi thank you for your reply so i did receive 2 letters my husband has jurs told me about🤦‍♀️ im still confused if i post the letters up for you to see do you think you would be able to help me understand them

sarablackmore

No not had anything from them before

sarablackmore

Albus_Scope

Hi @sarablackmore you're welcome to post the letter, but please make sure any personal details aren't shown. Your safety is our top priority. 

sarablackmore

I madd a claim 3 weeks on tuesday and asked for it to be backdated from october

poppy123456

The P45 indicates that you're not entitled to New style ESA. It's normal for them to send a P45 when there's no entitlement to ESA/JSA or you were claiming them and they stop. 

To be entitled to New style ESA you must have worked at some point in the previous 2 years. The benefit years change each year on the first Sunday in January. 

The tax years they used when you claimed and asked for it to be backdated for 3 months was tax years 2020/21 and 2021/22. For a claim now they would use tax years 2021/22 and 22/23. 

In the letter you posted above it says you're not entitled to ESA because you don't have the correct NI contributions in tax years 2021/22. If you claim again there may still be no entitlement because they would still use those years but you can try again to see if there's any entitlement. 

Have you worked at all in tax years 2021/22 and 2022/23? 

WhatThe said:

I received three P45's in one tax year from DWP when as far as I knew, I was not in receipt of a taxable benefit such as JSA nor had I ever claimed one. 

I'd love to understand this too! 

They send a P45 when there's no entitlement to ESA or JSA. even if it's Income Related you were claiming. 

poppy123456

Have you used a benefits calculator to check entitlement to Universal Credit? If you live with your partner you'll need to claim as a couple and your joint circumstances will be taken into consideration. You will need to put both your details into it.  https://www.entitledto.co.uk/benefits-calculator

sarablackmore

No i havent worked for 3 years im a carer for my son and now im on pip for my own health issues. Thank you for clearing this up for me

poppy123456

Are you claiming carers allowance? Do you claim any other benefits?

sarablackmore

I get carers for my son, pip for myself(waiting for appeal date as dont agree with the decision) and already get universal credit but not alot due to my husband working 

poppy123456

Thanks. If there was entitlement to ESA it would be deducted in full from any UC entitlement. If it's carers allowance you're claiming as well as UC then the ESA would be treated as an overlapping benefit with carers allowance so you wouldn't be able to claim the full amounts from both anyway. 

Can I please check that your UC includes the carers element? If it's carers allowance you're claiming then this is just deducted in full from any UC entitlement. 

You can also report your health condition for UC and provide fit notes. You will then be referred for a work capability assessment. If found to have LCWRA you would be entitled to extra money from the 4th month of your claim. 

sarablackmore

Yes it includes the carers element. I received my fit note from my gp yesterday dated from sept to march

poppy123456

You will need to make sure you "report a change of circumstances" then click health condition. The report it through there and also give details of your fit note. Please note that although the date on your fit note is from September 2023, if found to have LCWRA then the waiting period would start from when you reported your health condition, not from the date on the fit note itself. 

You will also need to make sure you continue to send fit notes without any gaps until a decision is made on the work capability assessment. 

Please also note that if you're found to have LCWRA then the same person can't receive both carers element and LCWRA element at the same time. Your husband will be able to claim carers element instead of you. Even though he's working, there's no earnings limit to carers element, like there is with carers allowance. 

It's all very complicated but I hope this helps to explain it a little. 

WhatThe

Posted 3 months ago by HMRC Admin 20 

Hi Sianadie,
A P60U is similar to a P60. It was issued by the BA/DSS and is headed Certificate of Pay and Taxable Benefit and Tax Deducted/ Refunded.
It means they have received contribution-based income that is taxable from either IS (Income support), ESA (Employment Support Allowance) or JSA (Job Support Allowance).
That in turn will have been sent to HMRC.

Poppy, I found this on GOV.UK and I'm still confused as I didn't receive CB ESA but got a P60u every year from the date of conversion/migration from IS to ESA. 

I don't want to hijack this thread, I just want to understand, thank you!

sarablackmore

Very complicated indeed but thank you for explaining it to me. Do you know how long it would take for the assesment?

poppy123456

WhatThe said:

Posted 3 months ago by HMRC Admin 20 

Hi Sianadie,
A P60U is similar to a P60. It was issued by the BA/DSS and is headed Certificate of Pay and Taxable Benefit and Tax Deducted/ Refunded.
It means they have received contribution-based income that is taxable from either IS (Income support), ESA (Employment Support Allowance) or JSA (Job Support Allowance).
That in turn will have been sent to HMRC.

Poppy, I found this on GOV.UK and I'm still confused as I didn't receive CB ESA but got a P60u every year from the date of conversion/migration from IS to ESA. 

I don't want to hijack this thread, I just want to understand, thank you!

Yes a P60u is sent annually even if all of your ESA is Income Related. I have no idea the reasons why, sorry. 

poppy123456

sarablackmore said:

Very complicated indeed but thank you for explaining it to me. Do you know how long it would take for the assesment?

It often takes quite a few months. When did you report your health condition for UC? Before an assessment can take place you need to be referred for the work capability assessment. This should be done from day 29 after reporting your health condition/providing your first fit note. In some cases it can be day one of your claim. 

Once a referral has been made you will receive a letter on your journal to tell you they have referred you and you will then receive the UC50 form shortly after in the post. 

sarablackmore

Reported health condition on 23rd jan and fit note today