Claiming New Style ESA and UC?

Reddragon69

I am helping my brother, who was working self employed claiming WTC and the disability premium. He also receives Housing benefit. He has stopped work due to a mental health breakdown. He has also got a managed migration letter. I am trying to work out the best way. Can someone advise me on my plan. I am going to tell HMRC that he is no longer working and then claim New Style ESA and then claim UC before the deadline date for MM? Does this sound viable? Can a claim be made for New style ESA or has that closed? Do you think this is the best route to take for him? I’ve applied for PIP for him. Will he still receive Transitional protection in UC? Thank you if you can advise as I am not sure if I am doing the correct thing.

poppy123456

He can claim New style ESA providing he's got the correct NI contributions in tax years 2021/22 and 2022/23.

If entitled to payments for ESA that will be deducted in full from any UC entitlement. He will need a fit note to claim that and also a fit note when he claims UC. He will need to make sure he reports his health condition when he claims UC.

If he receives no earnings when he claims UC I'm afraid I don't know how this would affect any possible Transitional Protection.

Reddragon69

ok thank you. So if he changes before claiming UC he will lose the TP of his WTC. He was working 16 hours receiving disability premium in his WTC but does not receive pip. So now he has to give up work, he either has to claim new style or UC and he will be worse off. Is that correct? Thank you, Poppy. It’s so confusing.

Reddragon69

woukd he better off changing to UC after the managed migration?

poppy123456

He would need to claim UC anyway because his tax credits ending. It will not continue after the date in the letter. Housing benefit continues for 2 weeks after he's submitted his claim for UC.

He can claim New style ESA at the same time, providing he has class 2 NI contributions for tax years mentioned above.

There's no disability premium equivalent in UC and he would need to go through the work capability assessment by reporting his health condition and providing a fit note.

Reddragon69

thank you. Do you know if he would get the TP if we claimed UC on the same day as we finished his self employment with HMRC? As it looks like he will be worse off on UC as he has no pip. Thank you