Employment and Support Allowance (ESA)
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Working tax sickness

lozza85lozza85 Member Posts: 1 Listener
I’ve been off work due to work place busy, cancer flare up and mental health and depression suicidal and break down, the main issue was work place and it’s taken till last month for them to put me under a new manager and m due to go back anytime soon. I’m also a carer for my dad so have reduced hours to allow carer allowance and his care. I had a severe breakdown last year and had be told I could still claim wtc. When my ssp ran out I looked at esa but it didn’t seem I could get much because of the wtc. I haven’t has any renewal pack or summary and my information hasn’t change other than I’m not been getting work sick pay. so assumed they usually get all the information from my work anyway and send a summary but I’ve not even had that, I didn’t apply for esa so have only had my wtc and carers to live on. I wasn’t aware as I wad told I wouldn’t get esa cause of the wtc that they finish when ssp does. I now received a letter wanting to review and been informed I should of stoped them and started esa. I’m going to get a massive overpayment statement and now I return to work probably won’t be able to boost my hours with them. Had I know I would of been claiming esa but I can’t back date that now I don’t think as going back to work and even then it would only be for 3 months when I owe nearly a year. I haven’t be trying to defraud the system and esa is actually more than I get wtc so I would of been better off. I’m so stressed and upset and had no renewal pack ets to remind me of these rules and when suffering from such severe depression and anxiety you don’t think to question what employers are saying. My doctor can write a note expressing how ill I have been but I still don’t know if that will allow me the year esa to cover the overpayment of wtc. Any advise would be amazing as everyone but me seems to know about the 28weeks period 

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    When your SSP ended you would have no longer been entitled to WTC and you should have reported those changes. I'm afraid you will have an overpayment that will need to be repaid back. Once you know how much overpayment there is you can arrange a payment plan so it can be repaid back by installments.

    Unfortunately, because you're claiming carers allowance you won't be able to claim New style ESA at the same time because they are overlapping benefits. You will need to claim Universal Credit and unfortunately, this will only be backdated for 1 month under extreme circumstances and it's highly unlikely your circumstances will allow it to be backdated.

    If you're claiming housing benefit for help with your rent then this will continue for 2 weeks and then transfer to UC and be paid as part of that.

    If you have a limited capability for work then you'll need fit notes from your GP to be able to claim this as part of Universal Credit.

    It's all extremely complicated and the best thing you can do is contact an advice agency near you for a full benefits check. They will also help and support you with a claim for UC. This link will help you find what's local to you for that advice, just put your postcode in. https://advicelocal.uk/

    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Just to add, if you claim Universal credit any overpayment for tax credits will reduce your UC payments because it will need to be repaid back through that.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • Adrian_ScopeAdrian_Scope Testing team Posts: 8,001

    Scope community team

    Hello @lozza85 and a warm welcome to the community. 
    This all sounds very stressful and I'm sorry to read the affect it's having on your health. Have you managed to make any progress? When are you due back at work?
    Community Manager
    Scope
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