Employment and Support Allowance (ESA)
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Help with ESA3 form query please

slimsadieslimsadie Member Posts: 5 Listener
Hi,  I am currently in receipt of ESA CB, in Support Group and get enhanced PIP for both elements. I am in my notice period at work and am being dismissed by my empoyer on grounds of medical incapability....although I have been signed off since last May.
My employment contract ends on 11th May, so I am trying to complete an ESA3 form to notify them of the change in circumstances.
Am I right in thinking I could be eligible for the income based ESA and SDP premium, even though I currently get CB ESA? (Minimal savings and do not live with my partner).
I am confused about how to fill out the section 5 "about work" part though.  As I am dating the changes as my first day after my employment contract ends, do I need to fill out this section?
Thank you in advance.

Replies

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

    It will depend on when your claim for ESA started because you could be claiming New style ESA and this is Contributions based only and doesn't have an income related top up.
    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.
  • slimsadieslimsadie Member Posts: 5 Listener
    Hi Poppy123456,
    I am on new-style CB ESA at the moment I believe....?  That's what I requested to apply for, but the award letter just states ESA Contributions based.  I applied in November 2019 if that narrows it down at all.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Thanks for that. As you applied in November 2019 that definitely means that it's New style ESA you're claiming. Claims for the old Contributions based ESA ended in December 2018.

    Unfortunately, this means that it's a Contributions based claim only and you won't be able to apply for any of the disability premiums (income related top up) because they don't exist on New style ESA.

    To claim for the top up you'll need to apply for Universal Credit (UC) for this you will have the standard allowance and the LCWRA element included. Your New style ESA will be deducted from your UC amount but you will be better off each month because of the UC claim.

    Hope this helps.
    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.
  • slimsadieslimsadie Member Posts: 5 Listener
    Thank you Poppy,
    As the contributions based claim was made whilst I was still contractually employed and receiving occuaptional sick pay from my employer (SSP had run out), does the fact that the date I am notifying the change of is the date when I am no longer employed make a difference to which ESA benefit I am entitled to?
    Would they consider changing me from ESA CB to ESA IR....or awarding me an element of both so that I get the SDP element from the IB part? (I have been told this has happened in the past)
    When I attempted to start a UC claim form it asked if i received or was eligible for the SDP - I meet all the criteria, so the UC phone operative told me to contact ESA to see if they would change my ESA claim, otherwise I would miss out on the SDP element.
  • avakarlssonavakarlsson Member Posts: 332 Courageous
    Hi, I have been off work since September 2019 due to chronic pain and my disability and I have had a injection in my hip joint to see if it would help the pain but only for 2 weeks less pain, I had a meeting on the phone with my manager on Wednesday and they are going to send something to the company and they said 1-2 weeks I will have a phone call meeting and that’s when the I’ll health dismissal  will be, so after my meeting from Wednesday I change my circumstances as my sick pay finished last week so now I will get universal credit and I have done the appeal for the LWCRA and I asked for that to be done urgently, so hopefully I will hear from them ASAP, when I get dismissed the amount will go up
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    slimsadie said:
    Thank you Poppy,
    As the contributions based claim was made whilst I was still contractually employed and receiving occuaptional sick pay from my employer (SSP had run out), does the fact that the date I am notifying the change of is the date when I am no longer employed make a difference to which ESA benefit I am entitled to?
    Would they consider changing me from ESA CB to ESA IR....or awarding me an element of both so that I get the SDP element from the IB part? (I have been told this has happened in the past)
    When I attempted to start a UC claim form it asked if i received or was eligible for the SDP - I meet all the criteria, so the UC phone operative told me to contact ESA to see if they would change my ESA claim, otherwise I would miss out on the SDP element.

    No, it doesn't make any difference, your ESA claim is definitely New style ESA because no claims for the old Contributions based ESA were possible after December 2018.

    The reason the UC claim can't go ahead is because you are answering that question incorrectly. Yes, you may live alone and no one claims carers allowance for looking after you, you don't actually claim the SDP because it's not payable on the New style ESA that you're claiming.

    Those that are currently in receipt of SDP or have been claiming it within the past month are unable to claim UC and this criteria doesn't apply to you.

    When starting a claim for UC you need to tick the "no" box for the SDP question.

    Hope this helps.

    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
    Hi, I have been off work since September 2019 due to chronic pain and my disability and I have had a injection in my hip joint to see if it would help the pain but only for 2 weeks less pain, I had a meeting on the phone with my manager on Wednesday and they are going to send something to the company and they said 1-2 weeks I will have a phone call meeting and that’s when the I’ll health dismissal  will be, so after my meeting from Wednesday I change my circumstances as my sick pay finished last week so now I will get universal credit and I have done the appeal for the LWCRA and I asked for that to be done urgently, so hopefully I will hear from them ASAP, when I get dismissed the amount will go up
    Hi
    Your situation is completely different to @slimsadie. They are asking about a disability premium which is completely different to LCWRA.
    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.
  • avakarlssonavakarlsson Member Posts: 332 Courageous
    Hi Poppy was this message just now from you for me or the other person? 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi Poppy was this message just now from you for me or the other person? 

    It wasn't for you. It was for @slimsadie because it's their thread.
    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.
  • avakarlssonavakarlsson Member Posts: 332 Courageous
    Oh I see, sorry about that 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited March 2020
    @slimsadie please have a look at this link and scroll down to "overview" It states "New Style’ ESA is a fortnightly payment that can be claimed on its own or at the same time as Universal Credit (UC)"
     This basically means that to claim the top up you need to claim UC, as previously advised.


    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.
  • avakarlssonavakarlsson Member Posts: 332 Courageous
    Hi 
    Will I be able to claim the new esa style benefit and the disability premium as I am on universal credit and pip daily living. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi 
    Will I be able to claim the new esa style benefit and the disability premium as I am on universal credit and pip daily living. 

    I believe i already answered that question previously. You maybe able to claim New style ESA BUT it will be deducted in full from your UC amount. However, as i have explained in detail here in this thread, you won't be able to claim any of the disability premiums in with a New style ESA claim because they don't exist on New style ESA.
    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.
  • avakarlssonavakarlsson Member Posts: 332 Courageous
    Sorry I thought you was explaining it to the other person, I didn’t realise it was for me as well sorry about that, if I didn’t apply for ESA can I get the disability premium on universal credit or pip? 

    I am still waiting for my work appeal as they received it 3 weeks ago at the appeal place and they know it’s marked as urgent as I explained to them what happened and they said it’s with the judge but DWP could change there minds as they’ve got this week too I am hoping they do, otherwise it’s more time I have to wait for the appeal etc. When I did my appeal for PIP I sent it off then DWP changed there minds and then I got the daily living as I got enough points, with the mobility side I only needed another 4 points otherwise I would of got that too but I am only on daily living so I was lucky they changed it than going to the appeal and waiting and waiting forever 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited March 2020
    Sorry I thought you was explaining it to the other person, I didn’t realise it was for me as well sorry about that, if I didn’t apply for ESA can I get the disability premium on universal credit or pip? 

    I am still waiting for my work appeal as they received it 3 weeks ago at the appeal place and they know it’s marked as urgent as I explained to them what happened and they said it’s with the judge but DWP could change there minds as they’ve got this week too I am hoping they do, otherwise it’s more time I have to wait for the appeal etc. When I did my appeal for PIP I sent it off then DWP changed there minds and then I got the daily living as I got enough points, with the mobility side I only needed another 4 points otherwise I would of got that too but I am only on daily living so I was lucky they changed it than going to the appeal and waiting and waiting forever 

    Yes i was explaining it to the other person but it's there for others to read as well because it's a public forum.

    As i advised, the disability premiums are not available on New style ESA because it's a contributions based only benefit.

    The disability premiums don't exist under UC and you can't claim the disability premiums on top of a PIP claim because that's not how it works.

    To be eligible for the disability premiums you need to be claiming the old Income related ESA/JSA or Income Support and they no longer exist for a new claim in your circumstances.


    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.
  • slimsadieslimsadie Member Posts: 5 Listener
    @poppy123456
     Thank you so much for your helpful answers and your greatly appreciated patience! 😊
    It's so frustrating when their questions are not clear....i.e if you receive SDP or "are entitled to it" and then the entitlement questionnaire informs you that you are! 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    slimsadie said:
    @poppy123456
     Thank you so much for your helpful answers and your greatly appreciated patience! 😊
    It's so frustrating when their questions are not clear....i.e if you receive SDP or "are entitled to it" and then the entitlement questionnaire informs you that you are! 

    You're welcome,

    It is frustrating yes. The reason why the form states you're entitled to it is because the form is for Contributions based ESA (Old style) the income related top up was indeed available on this type of ESA.

    As you're definitely claiming New style ESA then it's not payable.

    Were you actually sent that form by DWP? I'm very surprised if you were and this just proves that DWP are not the best ones to ask for advice.

    When you do make a claim for UC please be aware that phone lines are extremely busy at the moment due to the amount of people claiming UC because of the lockdown and you maybe in for quite a wait for them to ring you back. Make sure you also state that you have LCWRA when filling out the form.
    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.
  • avakarlssonavakarlsson Member Posts: 332 Courageous
    Thank you Poppy for the info, shame I can’t get the new style esa or the disability premium. Can I claim any other benefits or help 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Thank you Poppy for the info, shame I can’t get the new style esa or the disability premium. Can I claim any other benefits or help 

    No problem. Unfortunately,  as i previously advised some time ago to you, you're claiming everything you're entitled to at the moment.
    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.
  • slimsadieslimsadie Member Posts: 5 Listener
    Thanks @Poppy123456,
    Yes - UC helpline told me to contact ESA and enquire about the SDP element and possibly switching ESA benefits.......ESA sent me the 'change in circumstances' ESA3 form to complete.
    It appears neither helpline actually know what they are doing! 😐
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Oh dear, this often happens where they have no idea what they are doing. I'm sorry you've been given the run around. You will be receive extra money by claiming UC though so it's not such a bad thing.
    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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