New style esa, tax credits and UC trigger?

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MrsKay
MrsKay Community member Posts: 3 Listener
edited August 2019 in Benefits and income
I’ve  been searching for some definitive guidance on my upcoming circumstances but can’t seem to find a clear answer.
I’m currently 4 weeks into a period of sick leave from work where I’m receiving SSP plus occupational sick pay, I work part time and claim CTC (I have 2 children) WTC inc the disability element.
My job role is changing and I’m about to enter a consultation period for redundancy, I won’t be well enough to return so will be made redundant whilst on SSP. 
I’m confident that I’ll be eligible for New Style Esa but hope to find out if this will trigger a change to UC?

Some guidance suggests that WTC may be claimed for 28 weeks whilst on SSP OR ESA but I don’t know if this still applies with a change from SSP to ESA due to redundancy?

Failing the above would it be possible to continue claiming the CTC alone and additionally claim NSESA until I’m well? I’m hoping to be back in work soon.

From what I’ve read it seems common that the standard advice is to just claim UC but even though the amount is roughly the same as CTC and NSESA I will be far worse off returning to work especially due to the WTC disability element.

To add, I don’t have any entitlement to HB, a partner or any other income.

Any help at all would be greatly appreciated, many thanks.

Comments

  • MrsKay
    MrsKay Community member Posts: 3 Listener
    edited August 2019
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    Hi, I’ve been searching for some definitive guidance on my upcoming circumstances but can’t seem to find a clear answer. I’m currently 4 weeks into a period of sick leave from work where I’m receiving SSP plus occupational sick pay, I work part time and claim CTC, WTC inc the disability element and PIP. My job role is changing and I’m about to enter a consultation period for redundancy, I won’t be well enough to return so will be made redundant whilst on SSP. I’m confident that I’ll be eligible for New Style Esa but hope to find out if this will trigger a change to UC? Some guidance suggests that WTC may be claimed for 28 weeks whilst on SSP OR ESA but I don’t know if this still applies with a change from SSP to ESA due to redundancy? Failing the above would it be possible to continue claiming the CTC alone and additionally claim NSESA until I’m well? I’m hoping to be back in work soon. From what I’ve read it seems common that the standard advice is to just claim UC but even though the amount is roughly the same as CTC and NSESA I will be far worse off returning to work especially due to the WTC disability element. To add, I don’t have any entitlement to HB, a partner or any other income. Any help at all would be greatly appreciated, many thanks.
  • jaja
    jaja Community member Posts: 76 Empowering
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    Hello @MrsKay

    I just wanted to say hello. Unfortunately, I can't answer your question. I'm sure someone one will be along shortly who can though.

    Take care
    J

  • MrsKay
    MrsKay Community member Posts: 3 Listener
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    Thank you x
  • OutOfTheWorld99
    OutOfTheWorld99 Community member Posts: 36 Contributor
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    I've read the points system for ESA applications is horrendous, but not sure what new style ESA is about.
  • poppy123456
    poppy123456 Community member Posts: 57,296 Championing
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    I've read the points system for ESA applications is horrendous, but not sure what new style ESA is about.
    To claim New style ESA you need to have worked and paid NI contributions between April 2016 and March 2018. It's the same as the old Contributions based ESA.

    No new claims for Income Related ESA are possible unless you're claiming a severe disability premium in another benefit. Universal credit has replaced all the old means tested benefits.
  • Adrian_Scope
    Adrian_Scope Posts: 11,305 Online Community Programme Lead
    edited August 2019
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    Hi @MrsKay,

    As your question is quite complicated, I've spoken to one of our expert benefit advisors about your query and she had this to say:

    Once the redundancy kicks in then SSP will end and I cannot see any option other than to put in a claim for New Style ESA.

    This is done via the UC claim line but it is a separate benefit and is not a claim for UC.

    Once SSP finishes and ESA is claimed, the WTC credit claim may continue but you need to inform them of changes.

    The Disability Rights Handbook states:

    “ you can qualify for WTC… after you have stopped working providing you were in qualifying remunerative work immediately beforehand. Your working hours will be treated as being the same as before in the following circumstances.

    ·         You are not working because you are sick. You continue to be treated as being in work for up to 28 weeks while you receive SSP, ESA….”

     My understanding is that the claim will remain open after that, so could be reclaimed if you go back to work.

    Because no claim for UC has been made then you should carry on getting the CTC.

    I think that the redundancy issue should not affect things. You are not going on to benefits as a job seeker after your redundancy, you are not returning to work because you are ill.

    Making a claim for UC rather than NSESA would mean you were claiming as a jobseeker and would have work search requirements, and it would definitely close the tax credits claims.

    You mentioned that you are getting the disability element of WTC but you've not said if you are getting PIP, can I ask if that's the case? 

    I hope that makes sense, but it also might be worth you speaking to CAB for some face to face advice, or check with advicelocal if there's an agency nearby who could talk it through with you.