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Esa

Melin

Hi a quick question my partner was on ssp for 28 week which has end this week he is going to apply new style esa this week how long will it take him to get his first payment l would be grateful if l can get some answers please

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poppy123456

HI,

He will need a fit note from his GP and the SSP1 form to be able to claim New style ESA. If he's paid the correct amount of NI contributions in tax years April 2017 to April 2019 then he'll be able to claim it. It pays £74.35 per week (over 25) or £58.90 (under 25) It's paid for 1 year unless placed into the Support Group.

First payment can take about 2-3 weeks sometimes longer.

This link will tell you how to claim it. https://www.gov.uk/guidance/new-style-employment-and-support-allowance#how-to-apply

Melin

Thankyou for your replies

Melin

Hi my husband has applied new style esa last week online and today with no other notice he recieved his esa50 form he has sent his sick note and recieved a text saying they have got it but we didn’t think we will get the form this quick will he start getting his first payment after he send the form and get an assessment or will he start getting paid after l am very confused

poppy123456

He will receive £74.35 per week at the moment. Once he's assessed and had the work capability assessment if the decision is to place him into the Support Group then he'll receive extra money from the 14th week of his claim. If a decision hasn't been made by this time if he's placed into this group then he'll receive any backdated money owed. Support Group rate is £113.55 per week. If he's not placed into the Support Group then payments will end after 1 year.

Melin

Hi poppy thankyou very much for your reply the only thing is he didn’t start to receive any money yet or no letter from dwp we only received the letter from the assesment service to fill the form in

poppy123456

It can take 2-3 weeks to start receiving the money, it's paid every 2 weeks. They are just extremely quick in sending the work capability assessment form out. He'll very likely receive first payment before he receives the letter from DWP.

Melin

Thankyou poppy he has recently been awarded pip daily leaving and standard mobility will this take any affect him to be put in the support group or it has got nothing to do with it ?

poppy123456

You're welcome. PIP and ESA are 2 completely different benefits with totally different criteria. See the Support Group descriptors here https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors

Regulation 35 (exceptional circumstances) also a route into the Support Group is explained here. https://cpag.org.uk/welfare-rights/resources/article/making-exception

Melin

Hi need some advice as l have said before my husband has applied esa but today received a letter saying he doesn’t have enough National insurance concibutions but when we look at his national insurance record it says full year and he has been on sick pay which shows his national insurance was being paid we don’t know what to do should we apply universal credit

poppy123456

It's not this year that counts it's tax years April 2017 to March 2018 and April 2018 to March 2019. If he hasn't paid enough during those 2 tax years then he won't be entitled to claim NsESA. In the letter he was sent it should tell you which year he hasn't paid the correct amount. Then he can look at his NI contributions online here https://www.gov.uk/check-state-pension

Universal Credit is a means tested benefit and claiming this will depend on your circumstances as a couple because you'll need to claim together. Savings/capital of more than £16,000 will exclude you from claiming. Savings between £6,000 and £16,000 will see a reduction of £4.35 per month for every £250 (or part there of) over that amount.

If you're working then your earnings received during your monthly assessment periods will reduce the amount of UC you're entitled to.

Use a benefits calculator to check entitlement because there's no point in claiming if you're not entitled.

https://www.entitledto.co.uk/benefits-calculator/Intro/Home?cid=6c9dbad3-3d53-410f-ab52-4085df543410

Do be aware also that a claim for UC will end any tax credits you may already be claiming and you can never go back.

Was he working during those 2 tax years?

Melin

Thankyou poppy yes he was working the full 2 tax years only he was getting sick pay for a while at 2019 could it be becouse of that

Melin

We have looked at his national insurance records and it says full for the 2 tax years

poppy123456

First contribution condition - in one of the last two complete tax years, you must have paid Class 1 or 2 contributions on relevant earnings at the lower earnings limit for at least 26 weeks. This means you must have worked for at least 26 weeks of the last two complete tax years; and
Second contribution condition - in both of the last two complete tax years, you must have paid or been credited with, Class 1 or 2 contributions to the value of 50 times the lower earnings limit.

The 2 tax years that are relevant are the ones that were completed before the benefit year in which your period of limited capability for work began.

The tax year runs 6 April - 5 April
The benefit year runs from the first Sunday in January.
The lower earnings limit for the 2018/19 tax year was £116, for the 2019/2020 tax year it was £118 per week

If he thinks the decision is incorrect then he'll need to ring DWP and speak to them,.

Melin

Thankyou poppy he will be calling them tomorrow

Tori_Scope

I hope the call goes well today @Melin

Melin

Hi update about the call today we have been told that becouse my husband was on sick pay 2019 he had been paid class 3 national Insurance credits which makes him not able to claim new style esa we have been told that he has to apply for universal credit which we have not got a clue about

poppy123456

Class 3 doesn't allow him to claim NsESA. Although it's unusual for an employer to pay class 3 usually it's class 1. Class 3 is usually paid voluntary by yourself if you have missing years for your state pension.

Claiming universal Credit will totally depend on both of your circumstances because it's a means tested benefit you'll need to claim as a couple. It's impossible to give any further advice without knowing your circumstances, for example, do you work, own or rent your own home etc etc.

Use a benefits calculator to check entitlement. https://www.entitledto.co.uk/benefits-calculator/Intro/Home?cid=d237f7de-f08e-4e65-a02a-4d3567b0a381

When using the benefits calculator, one question asks if your partner has a limited capability for work, for this you tick no because he hasn't yet been assessed as having LCW.

If you have savings/capital of more than £16,000 you'll be excluded from claiming. A claim for UC will end any tax credits you may already be claiming.

Boyden1964

Hi I don't know if you have sorted your ESA out. I had the same problem as your husband. It will almost certainly be due to him getting ssp if this is the case you can apply for credits all you need to do is send in his last 3 payslips that's what I did and got paid ESA as you are claiming New style ESA you can also claim universal credit along side it they will take ESA off your entitlement pound for pound you are no worse off as you get your ESA payment. My advice would be to get in touch with your local benefits adviser your local council can give you a number to call. Hope this is of any help to you?

poppy123456

Boyden1964 said:

Hi I don't know if you have sorted your ESA out. I had the same problem as your husband. It will almost certainly be due to him getting ssp if this is the case you can apply for credits all you need to do is send in his last 3 payslips that's what I did and got paid ESA as you are claiming New style ESA you can also claim universal credit along side it they will take ESA off your entitlement pound for pound you are no worse off as you get your ESA payment. My advice would be to get in touch with your local benefits adviser your local council can give you a number to call. Hope this is of any help to you?

It will also depend on how much they worked during those 2 tax years i mentioned above. Claiming UC will also depend on their circumstances because not everyone is entitled to claim this. Claiming New style ESA doesn't mean you're also entitled to UC.

Melin

Hi thankyou for your comments l have been out of work since last year due illness and didn’t know l was entitled to anything as l said my husband has been on sick pay for a very long time and has just came to the end so he is not getting any payment from anywhere either any more l spoke to dwp and was told we must be entitled to universal credit as we don’t get severe disability premium becouse my son lives with us.