Can I claim New Style ESA when on UC with LCWRA?

mjh2222

Hi

Can I claim New Style ESA when on UC with LCWRA?  If so, would the amount I received from New Style ESA change my UC monthly amount?

I am new to ESA, it says it is being replaced by UC, but I am already on UC.

Thanks

poppy123456

New Style ESA is a contributions only based benefit and is not being replaced by UC and will never be part of it. The old Income Related ESA was replaced by UC.

To claim this you will have needed to have paid the correct amount of NI contributions from working in tax years April 2018 to March 2020.

If you claim both together the ESA will be deducted in full from your UC entitlement. 

With NsESA you receive class 1 NI credits and UC you receive class 3. The ESA is a weekly benefit paid fortnightly. It is also not means tested like UC is so if you’re eligible to claim it would be worth your while claiming it.

mjh2222

Hi Poppy

Ok I will not apply for the New Style ESA now that I have understood that.  Thank you for your message, it explained everything for me.

Thanks,

poppy123456

If you're entitled to it then i'd advise you to claim it. As advised, the ESA is not means tested so if in the future you had savings or maybe you'll live with a partner who will be working (if you don't already) then both of these will not affect the amount you're entitled to. UC is means tested, so is affected by savings of more than £6,000 and a working partner.

mjh2222

Hi

But if I claimed new style ESA the full amount comes off of my UC?

Is it best to wait to see if I can get the LCWRA added to my UC at the tribunal before applying for New Style ESA?

How much in contributions during those two years would I of needed to make?

Thanks,

poppy123456

Yes, it's deducted in full from your UC but as advised, this could be useful in the future for the reasons i mentioned above.

Details of what NI contributions are needed is here.

https://www.entitledto.co.uk/help/employment-and-support-allowance-contribution-based

Have you worked in tax years April 2018 to March 2020?

mjh2222

Hi

Yes I did work but I cannot see the benefit of claiming it if it comes off of your UC in full.

I won’t apply for this one I don’t think.

Thanks

mjh2222

Can I have an example of how it would work if I was claiming UC?

Thanks

mjh2222

I have already done the paperwork and assesmenets for both UC LCWRA and PIP, would I need to do another assesment and fight again for a year or so for New Style ESA?

Thanks

poppy123456

Again.. The benefits of applying are if in the future you have a private pension then anything up to £85 per week is disregarded. For UC purposes any pension is deducted £1 for £1 from your UC.

Savings/capital do not affect NsESA so you can have as much as you want. For UC there's savings limits.

If at anytime you live with a partner that works then UC is affected by earnings outside of the work allowance (if you have this) and will reduce your UC by 63%. For NsESA a partner working doesn't affect it.

Claiming both together the ESA will be deducted in full from any UC entitlement. ESA is paid fortnightly but UC is monthly. The fortnightly payments will help you to budget a lot better too.

If you're assessed as having LCWRA for UC then you will be placed into the Support Group for ESA and payments continue for as long as you remain in that group. If it's LCW for UC then it's WRAG for ESA but payments stop after 1 year.

I think i've exhausted all possible advice now and only you can decide what you want to do providing you qualify. It will of course depend on your NI contirbutions. If i qualified, i know what i'd be doing..

poppy123456

mjh2222 said:

I have already done the paperwork and assesmenets for both UC LCWRA and PIP, would I need to do another assesment and fight again for a year or so for New Style ESA?

Thanks

For UC and ESA it's one WCA for both as indicated in my previous comment. PIP is completely different.