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Work capability questionnaire

beccymelody

Hi all. After the amazing news I am now entitled to higher rate PIP, I have some questions regarding the work capability work questionnaire.

I had no idea I was entitled to UC which I will now receive. I have tried to keep going with work but I'm so done. I have a fit note from the Dr and the job centre said to apply for ESA. Today I have been sent the work capability work questionnaire. A) Is that the same as ESA B) does that mean I've made enough national insurance contributions or do they send the questionnaire out before they check? At my last job centre appointment, they said I wouldn't be expected to work due to my partners earnings. I'm so confused with all this. Never claimed anything before

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poppy123456

New style ESA is a completely different benefit to UC and isn't means tested. However, the assessment process for both ESA and UC are the same and the criteria for both groups is the same.

To be entitled to payments for New style ESA you will need the correct NI contributions in tax years 2021/22 and 2022/23. They send the form, even if you're not entitled to payments.

If this is a recent claim for ESA then usually it can take up to about 4 weeks for them to make a decision on entitlement.

If you're claiming New style ESA and UC at the same time the ESA (if entitled to payments) will be deducted in full from any UC entitlement.

beccymelody

https://forum.scope.org.uk/discussion/comment/897192#Comment_897192

Thank you

beccymelody

I don't think I've made enough national insurance contributions in those years as my wage wasn't enough. So filling out this form is purely for UC? Presumably I would have to apply for ESA separately if by some miracle I do have enough in the way of contributions

poppy123456

If your earnings were at least £123/week, you will be treated as having paid class 1, so you may qualify. If it's less than that then you may not qualify. Although you will need to wait to hear from ESA.

Sorry but I don't understand this comment..

Presumably I would have to apply for ESA separately if by some miracle I do have enough in the way of contributions.

You said you've already applied for ESA? or is it just UC? They are 2 different benefits. Was the questionnaire you received a UC50 or an ESA50? It will tell you on the form which one it is.

beccymelody

https://forum.scope.org.uk/discussion/comment/897234#Comment_897234

It's UC50 form. I'm sorry for the confusion.

poppy123456

Ah ok, thank you. It will still be worth applying for New style ESA because you may qualify. The worst that can happen is payments will be refused.

To answer your first question now the confusion is sorted.. UC has nothing to do with NI contributions because it's a means tested benefit. The form you received is the work capability assessment form, same process as ESA but for UC instead.

Usually a referral for the work capability assessment is made from around the 29th day of your claim, although there are some instances were a referral is made on day one of your claim.

Have you received your first UC payment yet?

beccymelody

https://forum.scope.org.uk/discussion/comment/897266#Comment_897266

Yes, I received my first payment at the end of July. I had a meeting at the job centre and the casework said due to my husbands earnings, I wouldn't be expected to work so not sure if the UC50 form is necessary to prove I am no longer fit for work... its all so confusing

poppy123456

That will only be due to his earnings. A work capability assessment is still needed. Claiming PIP doesn't automatically entitle you to LCWRA.

If you don't have children on your claim then you won't be entitled to the work allowance at the moment. Once a decision has been made on your WCA if found to have LCW or LCWRA you will then be entitled to that work allowance. It will mean that a certain amount of earnings received from yourself or partner will be ignored before deductions apply.

If you claim for help with the rent it will be £404/month, if you don't it will be £673/month.

If found to have LCWRA then you'll also be entitled to extra money from the 4th month after you provided your first fit note.

Please make sure you continue to provide fit notes without any gaps until a decision is made on your WCA.

beccymelody

https://forum.scope.org.uk/discussion/comment/897280#Comment_897280

Thank You so much. We have two children under 16 and won't be asking for help with rent as we have a mortgage