New style ESA

casdix69

I’m sure I read in the recent benefits consultation that there is something protecting your entitlements to benefits if you try work and it doesn’t work out.

Daughter, 30, has autism and a EDS and was assessed as LCWRA last year. She desperately wanted to work and secured a Job which was wfh starting 5th May. Employer has told her won’t be needed after end June.

is there any protection or does she just need to apply for UC if she can’t find another suitable job? Lives with partner who is earning but they have a shared ownership property so mortgage and rent to pay.

OverlyAnxious

Hi,

One of the new proposals put forward is to protect benefits to help people get into work. That hasn't come into action yet though.

If your daughter has LCWRA then she must already be on UC?

She would only be able to claim New Style ESA if she had been working and earning class 1 NI credits over the past 2-3 years.

casdix69

When she claimed she had just left her job due to being off sick for a year.

casdix69

The consultation definitely said this protection was already in place - will try to find it but sounds like it may be a mistake

casdix69

Here it is - ESA Linking rules 123. At present, people claiming 

UC and NS ESA can return to their previous benefits should they stop working. If a person claiming 

UC starts work and has earnings which exceed the threshold for entitlement to UC following application of the Work Allowance and the UC taper, their UC entitlement and award can resume if their earnings fall below the threshold again within 6 months. For NS ESA, if a person leaves the benefit to try work, 

ESA linking rules allow people to reclaim within 12 weeks without needing to undergo a WCA (providing there are no other changes of circumstances).

OverlyAnxious

https://forum.scope.org.uk/discussion/comment/1032587#Comment_1032587

Thank you. Yes that is correct. It wasn't clear from the first post that she was already on both UC and NS ESA.

It's worth noting that this only applies to earnings over the threshold for UC. If savings go over the the threshold then the claim gets closed without the option to reopen within 6 months.

As she has LCWRA on UC, and will be keeping that status for up to 6 months, the ESA 12 weeks does not apply in this case. She would automatically be put back in the Support Group of ESA without needing another WCA because of the UC LWCRA award.

casdix69

ok sorry she isn’t on both - I didn’t know she could be. No, was just on New style ESA.

I read the consultation as on UC or New styleESA. My mistake.

Fingers crossed she can find another job or they will struggle to pay their mortgage.

OverlyAnxious

Ok, in that case the 12 week ESA rule does apply here. She will keep the LCWRA (Support Group) status without having to go through another WCA if she reapplies for NS ESA within 12 weeks of losing it.

With regards to Universal Credit, that is calculated as a couple/household. If they have savings of more than £16,000 between her and her partner then they cannot claim UC. The property they live in is not counted as part of this. If they have less than £16k then there is a chance she could get some UC in addition to NS ESA. That would depend on her partners earnings though. They may also be able to get some help with the rent part of their shared ownership scheme if entitled to any UC.

casdix69

thank you so much, you’ve been really helpful