Employment and Support Allowance (ESA)
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Difficulties understanding the ESA rules

TiredeyesTiredeyes Member Posts: 3 Listener
I'm having real difficulties understanding the ESA rules. What do they count as earnings? Is it your actual turnover or is it income minus allowable expenses? Its doing my head in
Also does anyone know if i move in with my partner what happens to my ESA if I'm in the support group and its income based?
help someone!  :s

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited March 2020
    HI and welcome,
    Are you doing permitted work for yourself? If so are you self employed? If you're doing permitted work then you need to get permission from DWP to do this. Any earnings you receive of more than £131.50 per week then you won't be entitled to ESA for those weeks and your ESA will end.

    Your next questions. If all of your ESA is income related and your partner works more than 24 hours per week then you will not be entitled to any ESA. Your claim can remain open for NI Credits towards your state pension but doing this you will still need to be reassessed as if you were receiving the money.

    All changes must be reported.



    Community champion and 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.
  • TiredeyesTiredeyes Member Posts: 3 Listener
    Hi yes am sf employed and dwp know about this my earnings are quite small and I've always done my tax returns 
    I prob will work if we move in together but it's a community job so I wont be in an office environment I will be out In the field so it should hopefully work
    And yes my ESA will stop I know 
    Thanks for the advice 👍
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Welcome to the community @Tiredeyes, is there anything else we can do to help?
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  • TiredeyesTiredeyes Member Posts: 3 Listener
    I have been told i can still get contribution based esa if i move in with my partner as i dont work full time and am in the support group, however it depends on my national insurance contributions - i am going to see citizens advice this week as they will know the rules better -  
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I do know the rules. If all of your ESA claim is income related you will not be able to claim contributions based. If part of your ESA is Contributions based with an income related top up then moving in with your partners means you will lose the income related part of your claim and just receive the contribution based, which is £111.65 per week. 

    To find out exactly what your ESA claim is then you can ring DWP and ask, they will tell if part of your ESA is contributions based. If it isn’t then all of your ESA will end if you move in with your partner that works. 
    Community champion and 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.
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @Tiredeyes, I hope this has helped. We wish you the best of luck and please do let us know how you get on. :)
    Community Partner
    Scope

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  • Alice_HoltAlice_Holt Member Posts: 46 Courageous
    edited March 2020
    Tiredeyes said:
    I have been told i can still get contribution based esa if i move in with my partner as i dont work full time and am in the support group, however it depends on my national insurance contributions - i am going to see citizens advice this week as they will know the rules better -  
         If you are currently receiving contribution based ESA and in the Support Group, then this £111 element will continue for as long as future  WCA's continue to place you in the SG - regardless of household income and savings.

       The permitted work rules are rather complicated - you must (each week) work under 16 hours, and earning no more than £131.50.
    https://www.gov.uk/government/publications/employment-and-support-allowance-permitted-work-form/permitted-work-factsheet

     If you exceeded the earnings limit in any week, then you would  your entitlement to ESA for that week (I believe). 
    The complicated bit may:
    a)  how does the PW earnings definition relate to s/e profits; & 
    b) be how are s/e profits calculated weekly (for the PW rules) when the Tax treatment looks at income / expenses and hence profit annually. 

    You might want to see if citizens advice can get you any guidance on this.  Take you award letters with you to the CAB, and / or ring the ESA line to establish that your ESA (or part of) is contribution based (per poppy's post).

    Edit: Apologies to poppy for following her around the boards. I do keep posting after her posts (and often repeat things).
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    @Alice_Holt no worries at all. Great advice, as always :)
    Community champion and 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.
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